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COMMONWEALTH PENNSYLVANIA v. STEVEN BARRY NORTHINGTON (03/17/76)

decided: March 17, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
STEVEN BARRY NORTHINGTON, APPELLANT



COUNSEL

Paul Yermish, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 466 Pa. Page 423]

OPINION OF THE COURT

Appellant was convicted of murder in the first degree and sentenced to life in prison. This appeal followed denial of post-verdict motions.

Appellant contends (1) that certain pre-trial statements made by him were improperly elicited from a defense witness during cross-examination by the prosecution; (2) that the evidence was insufficient to sustain a verdict of murder in the first degree; and (3) that the prosecution acted unfairly in seeking a verdict of murder in the first degree, because some of appellant's co-defendants were prosecuted for murder in the second degree. We have examined the issues raised and conclude that they are without merit.

Judgment of sentence affirmed.

19760317

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