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COMMONWEALTH v. HRYNKOW

457 Pa. 529 (1974)

Commonwealth v. Hrynkow, Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.

Attorney(s) appearing for the Case

Stephen R. Bolden, with him Fell, Spalding, Goff & Rubin, for appellant.

Deborah E. Glass, Assistant District Attorney, with her 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, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, October 16, 1974:

On December 11, 1960, James Kilroy and William Mitchell, employees of the Holmes Protection Agency, entered a building located at 622 Arch Street, Philadelphia, after being warned by a silent burglar alarm. Upon entering the premises Kilroy saw a man and heard a shot. He then dove for cover. A second shot was fired, hitting Kilroy in the leg, and he was thereafter shot in the temple. Kilroy then saw Mitchell shot to...

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