COMMONWEALTH v. SMALLS


449 Pa. 15 (1972)

Commonwealth v. Smalls, Appellant.

Supreme Court of Pennsylvania.

October 4, 1972.


Attorney(s) appearing for the Case

Jerry Brodsky, Alexander Brodsky, and Brodsky, Brodsky and Brodsky, for appellant.

Maxine J. Stotland and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE EAGEN, October 4, 1972:

The appellant, Frank Smalls, was convicted by a jury in Philadelphia of murder in the second degree. Following the denial of post-trial motions and imposition of sentence, this appeal was filed.

From the evidence introduced by the Commonwealth at trial, the jury was warranted in finding that during an argument with his eighteen-year-old wife Nancy, Smalls brutally assaulted...

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