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COMMONWEALTH v. MERCIER

451 Pa. 211 (1973)

Commonwealth v. Mercier, Appellant.

Supreme Court of Pennsylvania.

Reargued November 14, 1972.

March 16, 1973.

Attorney(s) appearing for the Case

Henry Thomas Dolan, with him Fein, Criden, Johanson, Dolan and Morrissey, for appellant.

Milton M. Stein, Assistant District Attorney, with him Michael R. Stiles, 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 O'BRIEN, March 16, 1973:

Robert Mercier was convicted by a jury of murder in the first degree and the punishment was fixed at life imprisonment. Motions in arrest of judgment or for a new trial were denied. From the judgment of sentence then imposed the instant appeal was filed.

The prosecution flowed from the shooting and subsequent death of Samuel Crudup in Philadelphia in 1969. The testimony produced by the Commonwealth at trial established...

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