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COM. v. McCUTCHEN

499 Pa. 597 (1982)

454 A.2d 547

COMMONWEALTH of Pennsylvania, Appellant, v. Freddy McCUTCHEN.

Supreme Court of Pennsylvania.

Decided December 31, 1982.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Kenneth Gallant, Asst. Dist. Atty., for appellant.

Joseph R. Danella, Philadelphia, for appellee.

Before O'BRIEN, C.J., and ROBERTS, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

On May 5, 1976, Freddy McCutchen was convicted1 by a jury of murder of the first degree in the beating death of a six-year-old boy in the course of committing anal sodomy upon the child. Post trial motions were heard and denied and appeal was transferred from this Court to Superior Court, Special Transfer Docket. This is an appeal by the Commonwealth...

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