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COM. v. KIVLIN

267 Pa.Super. 270 (1979)

406 A.2d 799

COMMONWEALTH of Pennsylvania v. Edward T. KIVLIN, III, Appellant.

Superior Court of Pennsylvania.

Decided June 22, 1979.

Reargument Denied October 26, 1979.

Petition for Allowance of Appeal Denied January 1, 1980.

Attorney(s) appearing for the Case

Malcolm W. Berkowitz, Philadelphia, for appellant.

D. Michael Emuryan, Deputy District Attorney, Media, for Commonwealth, appellee.

Before CERCONE, President Judge, and ROBERTS and LIPEZ, JJ.

ROBERTS, Judge:

Appellant, Edward T. Kivlin, III, was charged with shooting to death Ann Mauro a six year old girl, during an exchange of gunfire with Ann's father at the Mauro residence. On August 11, 1976, a jury convicted him of murder of the third degree and crimes with firearms. After denying post-verdict motions, the trial court sentenced appellant to a term of imprisonment of 10 to 20 years on the murder charge, a concurrent term of 2½ to 5 years on the...

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