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COM. v. WHITE

482 Pa. 197 (1978)

393 A.2d 447

COMMONWEALTH of Pennsylvania, Appellant, v. Dennis WHITE.

Supreme Court of Pennsylvania.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Edward G. Rendell, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Maxine Stotland, Asst. Dist. Atty., Philadelphia, for appellant.

Marilyn J. Gelb, Philadelphia, for appellee.

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

OPINION OF THE COURT

POMEROY, Justice.

Dennis White was convicted in a jury trial of murder of the third degree for the shooting death of one Thomas Sumpter. Post-trial motions were filed and argued before the trial court, and on July 13, 1976, White's motion for a new trial was granted on the ground that a testimonial reference to White's decision to remain silent after having given a partial oral statement to the...

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