COM. v. SMITH


273 Pa.Super. 441 (1979)

417 A.2d 729

COMMONWEALTH of Pennsylvania v. Joseph T. SMITH, Appellant.

Superior Court of Pennsylvania.

Filed December 28, 1979.


Attorney(s) appearing for the Case

Lewis J. Gordon, Philadelphia, for appellant.

Jonathan Schiffman, Assistant District Attorney, for Commonwealth, appellee.

Before WATKINS, MANDERINO and CIRILLO, JJ.


WATKINS, Judge:

This is an appeal from the decree of the Court of Common Pleas of Philadelphia County, Criminal Division, Trial Section, after defendant's conviction by a jury of third degree murder. Defendant was convicted on October 6, 1977 and sentenced on November 29, 1977 to a prison term of five to fifteen years.

On April 23, 1977, the defendant argued with his paramour, a Mildred Hodges, in their home. During the course of the evening the defendant...

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