OPINION BY MR. JUSTICE NIX, October 4, 1972:
On February 26, 1970, appellant, John C. Oates, was convicted of second degree murder by a jury. Motions for a new trial and in arrest of judgment were denied by a court en banc and a sentence of not less than five nor more than twelve years was imposed on September 15, 1971. This appeal followed.
The record indicates that on February 11, 1969, at approximately 6:00 p.m., a fight erupted between rival gang members...
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