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COMMONWEALTH v. MONTGOMERY

442 Pa. 163 (1971)

Commonwealth v. Montgomery, Appellant.

Supreme Court of Pennsylvania.

March 18, 1971.

Attorney(s) appearing for the Case

David N. Savitt, with him John Patrick Walsh, and Walsh & Savitt, for appellant.

Ivan Michaelson Czap, 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., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

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

Appellant was tried by the court sitting without a jury on charges stemming from the death of Leo McMahon. He was found guilty of voluntary manslaughter, and after denial of his post-trial motions and imposition of sentence, he has appealed, alleging only that the evidence was not sufficient to support the conviction beyond a reasonable doubt.

The evidence showed that appellant and Sarah Kauffman, a registered...

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