OPINION BY MR. JUSTICE POMEROY, March 25, 1974:
At about 3 o'clock on the morning of March 14, 1970, Lorraine Miles, a thirteen year old girl, was seen standing on the outside ledge of a fourth story window of a Philadelphia apartment house. She was calling for her brother, David. Russell Wright, the appellant, then 26 years old, was observed leaning from an adjacent window, swinging his arms towards Lorraine. Lorraine lost her balance and fell to her death.
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