COM. v. SMITH


495 Pa. 362 (1981)

433 A.2d 1349

COMMONWEALTH of Pennsylvania v. Westley SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided July 10, 1981.

Reargument Denied September 4, 1981.


Attorney(s) appearing for the Case

Marilyn C. Zilli, 1st Asst. Public Defender, for appellant.

Marion E. MacIntyre, 1st Asst. Dist. Atty., William A. Behe Deputy Dist. Atty., for Com.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.


OPINION

O'BRIEN, Chief Justice.

In October, 1972, appellant, Westley Smith, was convicted by a jury of murder of the first degree and robbery. The convictions arose from an incident where appellant and a co-defendant, William Von Smith, had beaten to death a Harrisburg barber, George Fautz, and had then taken the victim's wallet. Appellant was informed of both his right to file postverdict motions and the right to appeal immediately after the jury had announced...

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