COMMONWEALTH v. SWINT


450 Pa. 54 (1972)

Commonwealth v. Swint, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.


Attorney(s) appearing for the Case

Henry T. McCrary, Jr., with him Ronald J. Brockington, for appellant.

Milton M. Stein, Assistant District Attorney, with him Stephen J. Margolin, 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, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE EAGEN, November 17, 1972:

The appellant, Nathaniel Swint, was indicted for murder in connection with the death of James Battles in Philadelphia, and following a jury trial was convicted of murder in the second degree. Post-trial motions were denied and a prison sentence of 8 to 20 years was imposed. This appeal followed.

From the testimony of eyewitnesses who testified at trial, the jury could find that on the evening of July 11, 1968...

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