COMMONWEALTH v. SHERARD


456 Pa. 505 (1974)

Commonwealth v. Sherard, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.


Attorney(s) appearing for the Case

Charles O. Barto, Jr., Assistant Public Defender, for appellant.

Wallace B. Eldridge, III, Assistant District Attorney, with him Marion E. MacIntyre, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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


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

Appellant, Norvell Lee Sherard, was found guilty by a judge and jury of murder in the second degree. Post-trial motions were denied and appellant was sentenced to a term of not less than ten nor more than twenty years in a state correctional institution. This appeal followed.

On January 9, 1973, the decedent, Frank G. Kools, was in Harrisburg for the purpose of attending the annual farm show. At or about 3:00 p...

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