COMMONWEALTH v. FRANKLIN


438 Pa. 411 (1970)

Commonwealth v. Franklin, Appellant.

Supreme Court of Pennsylvania.

May 4, 1970.


Attorney(s) appearing for the Case

D.M. Masciantonio, for appellant.

Michael M. Baylson, Assistant District Attorney, with him James D. Crawford, 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, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE JONES, May 4, 1970:

At about 7:00 p.m. on November 27, 1967, Earl Franklin had an altercation with his "girl friend," Vanessa Stafford, outside her home on Sixth Street in Philadelphia. While he was kicking and punching her (eventually beating her, semi-conscious, to the ground), a crowd of boys formed across the street, yelling for help. As the result of their cries, Junior Jackson came out of his house...

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