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COMMONWEALTH v. SMITH

464 Pa. 314 (1975)

346 A.2d 757

COMMONWEALTH of Pennsylvania v. Elmer Carlos SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Nino V. Tinari, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Deborah E. Glass, Asst. Dist. Atty., Philadelphia, for appellee.

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

OPINION OF THE COURT

ROBERTS, Justice.

This direct appeal1 follows a jury trial in which appellant was found guilty of murder in the second degree. A sentence of 5 to 20 years was imposed. We affirm.

During the late evening and early morning hours of July 3 and 4, 1971, decedent and his friend were in the area of 32nd and York Streets in Philadelphia. Decedent walked over to a man named Tinsley and placed his arm around...

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