COMMONWEALTH v. GAUSE


459 Pa. 595 (1975)

330 A.2d 856

COMMONWEALTH of Pennsylvania v. Leroy GAUSE, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided January 27, 1975.


Attorney(s) appearing for the Case

Eugene H. Clarke, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for appellee.

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


OPINION OF THE COURT

MANDERINO, Justice.

The appellant, Leroy Gause, Jr., was convicted in a nonjury trial on December 18, 1973, of murder in the second degree and conspiracy. Post-verdict motions were denied and appellant was sentenced to eight to twenty years imprisonment for the murder. Sentence was suspended as to the conspiracy conviction. This appeal followed.

During the evening of September 25, 1972...

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