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COMMONWEALTH v. POTTER

445 Pa. 284 (1971)

Commonwealth v. Potter, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Martin Heller, with him Maximillian J. Klinger, for appellant.

Jeffrey A. Brodkin, 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 JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE ROBERTS, December 20, 1971:

Appellant was convicted by a jury of first degree murder and armed robbery and sentenced to life imprisonment. After the denial of post-trial motions, this appeal was filed raising numerous contentions. The principal contention challenges the trial court's refusal to grant appellant's motion for a mistrial after a prejudicial statement by the prosecutor during cross-examiation of appellant.*

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