COMMONWEALTH v. PAYNE


455 Pa. 503 (1974)

Commonwealth v. Payne, Appellant.

Supreme Court of Pennsylvania.

March 25, 1974.


Attorney(s) appearing for the Case

F. Ross Crumlish, for appellant.

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

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


OPINION BY MR. JUSTICE MANDERINO, March 25, 1974:

The appellant, Robert Payne, was convicted in a nonjury trial on September 27, 1971, of voluntary manslaughter and conspiracy. Post-trial motions were denied and the appellant received a sentence of four to twelve years for the voluntary manslaughter and a consecutive sentence of three years probation for the conspiracy. This appeal followed in which we reverse the judgments of sentence and award a new trial.

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