COMMONWEALTH v. SETTLES


442 Pa. 159 (1971)

Commonwealth v. Settles, Appellant.

Supreme Court of Pennsylvania.

March 18, 1971.


Attorney(s) appearing for the Case

Frank Carano, with him David H. Kubert, for appellant.

Arthur R. Makadon, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE O'BRIEN, March 18, 1971:

Appellant, his brother Dennis, and Dennis's "common-law" wife, Mattie Ree Mitchell, lived together at 3612 Mount Vernon Street in Philadelphia. On February 9, 1969, at about 11 a.m., Sylvester Melvin, known as Ves, came to the door of that house, where appellant, gun in hand, met him. Then, in the words of the statement which appellant made to the police: "Ves was standing on the step right in front of the door and he...

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