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COMMONWEALTH v. DULANEY

449 Pa. 45 (1972)

Commonwealth v. Dulaney, Appellant.

Supreme Court of Pennsylvania.

October 4, 1972.

Attorney(s) appearing for the Case

Anthony D. Pirillo, Jr., for appellant.

Edward G. Rendell and Milton M. Stein, Assistant District Attorneys, and 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, NIX and MANDERINO, JJ.

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

Robert Dulaney, convicted by a jury of murder in the second degree, appeals from the judgment of sentence of four to fifteen years imprisonment.

The prosecution arose from the fatal stabbing of Leroy Johnson about midnight on a public street in Philadelphia. At trial, the Commonwealth established through the testimony of eyewitnesses that Dulaney and Johnson initially engaged in a verbal argument in a bar; that...

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