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COM. v. SPALLONE

267 Pa.Super. 486 (1979)

406 A.2d 1146

COMMONWEALTH of Pennsylvania v. Walter SPALLONE, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1979.

Petition for Allowance of Appeal Denied January 7, 1980.

Attorney(s) appearing for the Case

John J. Thomas, Assistant Public Defender, Wilkes-Barre, for appellant.

Michael I. Butera, Assistant District Attorney, Pittston, for Commonwealth, appellee.

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

ROBERTS, Judge:

Appellant, Walter Spallone, entered a plea of guilty to murder generally for killing Michael Valgene, Sr. On May 19, 1976, the trial court determined that appellant was guilty of murder of the second degree for committing a felony-murder. After denying post-verdict motions, the court sentenced appellant to life imprisonment. Appellant's sole contention is that he could not be guilty of felony-murder because as the fact finder determined he did not...

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