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COMMONWEALTH v. BROWN

470 Pa. 274 (1976)

368 A.2d 626

COMMONWEALTH of Pennsylvania v. Theodore BROWN, Appellant.

Supreme Court of Pennsylvania.

Decided October 8, 1976.

Rehearing Denied February 11, 1977.

Attorney(s) appearing for the Case

Joseph Michael Smith, Philadelphia, for appellant.

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

Before EAGEN, O'BRIEN, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

NIX, Justice.

On May 19, 1969, Robert Carter was shot and killed inside the Opus I Bar at North Twenty-Seventh Street in the City of Philadelphia. Theodore Brown, appellant, was arrested and charged with the offense. The first trial commenced on October 14, 1970, and resulted in a mistrial because of the jury's inability to agree upon a verdict. At the second trial, a verdict of murder of the...

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