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COMMONWEALTH v. MONROE

457 Pa. 590 (1974)

Commonwealth v. Monroe, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

Faust Mattioni, with him Mattioni, Mattioni & Mattioni, for appellant.

John H. Isom, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, July 1, 1974:

On January 29, 1972, at approximately 1:00 a.m., George Ware was fatally shot at a bar known as the "S and C Lounge," located at 1326 West Girard Avenue, Philadelphia, Pennsylvania, by appellant, Andre Monroe. The Commonwealth's evidence disclosed that prior to the shooting, one James McCoy and another man were seated at the bar when they were approached by two women, one of whom was appellant's sister. The

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