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COMMONWEALTH v. ROSE

463 Pa. 264 (1975)

344 A.2d 824

COMMONWEALTH of Pennsylvania v. Amos Paul ROSE, Appellant.

Supreme Court of Pennsylvania.

Decided October 3, 1975.

Attorney(s) appearing for the Case

James M. McNamara, Public Defender, Doylestown, for appellant.

Stephen B. Harris, First Asst. Dist. Atty., Kenneth G. Biehn, Dist. Atty. of Bucks County, Doylestown, for appellee.

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

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Amos Paul Rose was convicted on May 30, 1972 in a jury trial of murder in the first degree and sentenced to life imprisonment. On direct appeal this Court reversed and remanded for a new trial. Commonwealth v. Rose, 457 Pa. 380, 321 A.2d 880 (1974). We held that the trial court erred in instructing the jury that the defendant bore the burden of proving intoxication sufficient...

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