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COM. v. McCLEARY

475 Pa. 597 (1977)

381 A.2d 434

COMMONWEALTH of Pennsylvania v. Frederick Allen McCLEARY, Appellant.

Supreme Court of Pennsylvania.

Decided December 23, 1977.

Attorney(s) appearing for the Case

Clayton R. Wilcox, Gettysburg, for appellant.

Donald L. Reihart, Dist. Atty., Sheryl Ann Dorney, Asst. Dist. Atty., York, for appellee.

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

OPINION OF THE COURT

PACKEL, Justice.

The only issue we need to decide1 is the right of the appellant, who was found guilty of second-degree murder, to a new trial because of a supplemental charge of the trial judge in answering a question put to him by the jury.

The appellant and Myers were passengers in Sanabria's car when it was driven near the home of an elderly lady. There was some conflict in the testimony as to...

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