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COMMONWEALTH v. OSBORNE

433 Pa. 297 (1969)

Commonwealth v. Osborne, Appellant.

Supreme Court of Pennsylvania.

January 15, 1969.

Attorney(s) appearing for the Case

Jerome M. Dubyn, with him M. Mark Mendel, for appellant.

James D. Crawford, Assistant District Attorney, with him Edward G. Rendell, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, January 15, 1969:

This is a direct appeal from a second degree murder conviction and sentence thereon for which appellant is currently serving a five to fifteen year imprisonment. Appellant presents several alleged errors in the proceedings below, any one of which he contends would justify the grant of a new trial. We shall discuss and decide each of these seriatim.

First, appellant alleges that the failure of the Commonwealth...

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