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COMMONWEALTH v. GWYN

441 Pa. 546 (1971)

Commonwealth v. Gwyn, Appellant.

Supreme Court of Pennsylvania.

January 25, 1971.

Attorney(s) appearing for the Case

Robert E. Yetter, with him Bruce D. Desfor, and Metzger, Wickersham, Knauss & Erb, and Meyers & Desfor, for appellant.

Jerome T. Foerster, Assistant District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, January 25, 1971:

Appellant was indicted and tried for the murder of his brother, Daniel Gwyn, on September 23, 1967. After a quarrel, defendant pulled out a knife, stabbed his brother and killed him. The jury found the appellant guilty of murder in the first degree and fixed the penalty at life imprisonment.

After the lower Court denied defendant's motions for a new trial and for arrest of judgment, the defendant

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