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COMMONWEALTH v. SWANEY

445 Pa. 244 (1971)

Commonwealth v. Swaney, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Simon B. John, Assistant Public Defender, with him Thomas P. Ruane, Jr., Public Defender, for appellant.

Gerald R. Solomon, Assistant District Attorney, and Joseph E. Kovach, District Attorney, submitted a brief for the Commonwealth.

Before JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE O'BRIEN, December 20, 1971:

On October 21, 1970, after having a number of drinks, appellant, Earl Swaney, II (Earl Junior), returned to his parents' home, where he and the three children of his first marriage had been living after he separated from his second wife. Seriously troubled, financially and personally, because he was unable to afford a separate home for himself and his second wife and the child of their marriage, and she refused to...

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