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COMMONWEALTH v. BROWN

451 Pa. 395 (1973)

Commonwealth v. Brown, Appellant.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Joseph Michael Smith, with him F. Emmett Fitzpatrick, Jr., and Fitzpatrick & Smith, for appellant.

James J. Wilson, Assistant District Attorney, with him James T. Ranney, and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, March 16, 1973:

On May 19, 1969, Robert Carter was shot and killed inside the Opus I Bar at North 27th Street, Philadelphia. The facts surrounding the killing indicated to the police that it was probably a "gang" slaying, involving two gangs in the neighborhood — the 28th and Oxford Gang and the 28th and Montgomery Gang. Appellant, a member of the 28th and Oxford Gang, was awakened from his sleep and taken to the police station...

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