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COMMONWEALTH v. SMITH

465 Pa. 310 (1976)

350 A.2d 410

COMMONWEALTH of Pennsylvania v. Johnnie SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Attorney(s) appearing for the Case

Richard P. Hunter, Jr., Philadelphia, for appellant.

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

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

OPINION OF THE COURT

O'BRIEN, Justice:

Appellant, Johnnie Smith, age fifteen, was tried before a judge and jury and found guilty of murder in the second degree and two counts of aggravated robbery for the stabbing death of David Merrone. Post-trial motions were denied and appellant was sentenced to five to twenty years for the second-degree murder conviction and ten years' probation on one of the aggravated robbery indictments; sentence was suspended on...

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