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COMMONWEALTH v. SMITH

470 Pa. 220 (1977)

368 A.2d 272

COMMONWEALTH of Pennsylvania, Appellee, v. James Lloyd SMITH, Jr., Appellant.

Supreme Court of Pennsylvania.

Decided January 28, 1977.

Attorney(s) appearing for the Case

Francis J. Moran, Philadelphia, for appellant.

Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., Maxine J. Stotland, Philadelphia, for appellee.

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

OPINION OF THE COURT

EAGEN, Justice.

Following a jury trial, James Lloyd Smith, Jr. was convicted of murder of the first degree. Post-verdict motions were denied by the court en banc and judgment of sentence of life imprisonment was imposed. Smith appealed from the judgment of sentence, asserting seven assignments of error. We need only consider two since, for the reasons stated herein, we reverse the judgment of sentence and order a new trial.

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