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COM. v. SMITH

518 Pa. 15 (1988)

540 A.2d 246

COMMONWEALTH of Pennsylvania, Appellee, v. James Melvin SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Robert M. Lipshutz, Philadelphia, for appellant.

Ronald Eisenberg, Chief, Appeals Div., Gaele McLaughlin Barthold, Deputy Dist. Atty., Robert Myers, Asst. Dist. Atty., Suzan Willcox, Philadelphia, Robert A. Graci, Chief Deputy Atty. Gen., Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

On February 6, 1985, a jury in the Court of Common Pleas of Philadelphia County found appellant, James Melvin (a.k.a. "Mailbox") Smith, guilty of murder of the first degree, criminal conspiracy and possession of an instrument of crime. These charges stemmed from the shooting death of Davis Kelly on North Twenty-first Street in Philadelphia on June 23, 1979. The following day, February 7, 1985, the

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