COMMONWEALTH v. MILLER


442 Pa. 466 (1971)

Commonwealth v. Miller, Appellant.

Supreme Court of Pennsylvania.

March 18, 1971.


Attorney(s) appearing for the Case

John P. Quinn, for appellant.

Joseph Grano, 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 and POMEROY, JJ.


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

Appellant was found guilty of second-degree murder by a judge, sitting without a jury, and sentenced to a term of imprisonment of two to ten years. The evidence is undisputed that a fight between the appellant and the victim began shortly after 7:00 p.m. on July 4, 1968, in a bar on the corner of Columbia Avenue and Sydenham Street, Philadelphia, and thence erupted into the street...

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