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COMMONWEALTH v. SMITH

468 Pa. 375 (1976)

362 A.2d 990

COMMONWEALTH of Pennsylvania v. Keith O. SMITH, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided July 6, 1976.

Rehearing Denied August 24, 1976.

Attorney(s) appearing for the Case

Sebastian M. Rainone, Philadelphia, for appellant.

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

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

OPINION OF THE COURT

PER CURIAM.

Judgments of sentence affirmed.

ROBERTS J., filed a dissenting opinion in which MANDERINO, J., joins.

ROBERTS, Justice (dissenting).

Appellant was convicted after a jury trial of murder in the second degree, robbery and conspiracy. In my view appellant properly advances a novel and interesting question on this appeal which the majority fails to consider.

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