COMMONWEALTH v. THOMAS


448 Pa. 42 (1972)

Commonwealth v. Thomas, Appellant.

Supreme Court of Pennsylvania.

June 28, 1972.


Attorney(s) appearing for the Case

Marvin Fine, with him A. Charles Peruto, for appellant.

Benjamin H. Levintow, 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. CHIEF JUSTICE JONES, June 28, 1972:

In 1966, following a jury trial, appellant was convicted of first-degree murder for the killing of Edith Connor, a twelve-year old child. Post-trial motions were argued and dismissed by a court en banc; however, on June 21, 1967, a second motion for new trial was granted. The circumstances and reasons for the new trial will be related infra.

Appellant's second jury trial commenced February 17, 1969...

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