COMMONWEALTH v. FAIRBANKS


453 Pa. 90 (1973)

Commonwealth v. Fairbanks, Appellant.

Supreme Court of Pennsylvania.

July 2, 1973.


Attorney(s) appearing for the Case

H.L. Anderson, with him Anthony D. Pirillo, Jr., for appellant.

Romer Holleran, 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, C.J., EAGEN, O'BRIEN, ROBERTS, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE MANDERINO, July 2, 1973:

The appellant, Robert Fairbanks, was convicted of murder in the second degree on October 21, 1970. Post-trial motions were denied and the appellant was sentenced to serve nine to eighteen years' imprisonment. This appeal followed. The judgment of sentence is reversed and a new trial granted because the prosecutor introduced hearsay evidence which was highly prejudicial and may have been most significant in the jury's...

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