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COMMONWEALTH v. BRUECKNER

458 Pa. 39 (1974)

Commonwealth v. Brueckner, Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

William N. Sterling, with him John J. Duffy, for appellant.

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

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

OPINION BY MR. JUSTICE EAGEN, October 16, 1974:

The appellant, Gerald Brueckner, was convicted by a jury of murder in the second degree, aggravated assault and battery and violation of the Uniform Firearms Act. Post trial motions were denied and separate prison sentences were imposed on each conviction. This one appeal was filed.1

From the trial evidence, the jury was warranted in finding the following facts:

The appellant...

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