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COMMONWEALTH v. DAVENPORT

453 Pa. 235 (1973)

Commonwealth v. Davenport, Appellant.

Supreme Court of Pennsylvania.

July 2, 1973.

Attorney(s) appearing for the Case

J. Peirce Anderson, with him Bean, DeAngelis, Kaufman & Kane, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

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

Appellant, Herman Miller Davenport, was convicted by a jury of murder in the first degree for the killing of Milton Hawkins on January 14, 1970. Sentence of life imprisonment was imposed, and appellant brought the instant appeal. For reasons which follow, we reverse and remand for a new trial.

I

At the end of the second day of trial, the Commonwealth called...

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