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COMMONWEALTH v. MYRICK

468 Pa. 155 (1976)

360 A.2d 598

COMMONWEALTH of Pennsylvania v. Eugene MYRICK, Appellant.

Supreme Court of Pennsylvania.

Decided July 6, 1976.

Attorney(s) appearing for the Case

Stephen P. Gallagher, Philadelphia, for appellant.

Marianne E. Cox, Asst. Dist. Atty., Steven Goldblatt, Asst. Dist. Atty., Chief, Appeals Division, Abraham J. Gafni, Deputy Dist. Atty. for Law, F. Emmett Fitzpatrick, Dist. Atty., for appellee.

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

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Eugene Myrick was found guilty, following a nonjury trial, of murder in the second degree, aggravated assault and possession of a firearm without a license. On this appeal,1 he alleges (1) that his waiver of rights under Pa.R.Crim.P. 1100 was invalid, (2) that there was insufficient evidence to sustain the murder conviction and (3) that the Commonwealth was improperly

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