Samuel Kagle, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Gaele Barthold, Asst. Dist. Atty., for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Manderino, J., files a concurring opinion in which Roberts, J., joins. Eagen, C. J., concurs in the result.
Appellant, Marshall Jones, was tried by a judge and jury and convicted of murder of the first degree, conspiracy, three counts of aggravated robbery, and two counts of assault and battery. Post-verdict motions were denied and appellant was sentenced to life imprisonment for the murder conviction. He was also sentenced to prison terms of one-to-two
years for the conspiracy conviction, and ten-to-twenty years for each of the aggravated robbery convictions. Sentence was suspended on the assault and battery convictions. This direct appeal followed.*fn1
The facts are as follows. During the early morning hours of December 14, 1969, appellant and three co-defendants, James Banks, Gregory Pierce and Norman McCray, entered the Thirtieth Street Station in Philadelphia. Two of the assailants grabbed Steven Kreloff, a postal employee, by the throat and demanded money. After being repeatedly punched in the face, Kreloff was pushed from the platform onto the tracks by appellant. The foursome then attacked Harry Pollack and threw him onto the tracks. Mr. Pollack died twelve hours later.
After leaving the Thirtieth Street Station, appellant and his three co-defendants assaulted Annie Thomas and snatched her purse while she was waiting for a bus at Seventeenth Street and John F. Kennedy Boulevard. Appellant was arrested a short time later while trying to throw away Ms. Thomas' pocketbook.
Appellant was originally tried for and convicted of the above offenses in 1971. In March, 1974, this court reversed the judgments of sentence and granted appellant a new trial.*fn2 It is from the judgments of sentence in the retrial that appellant now appeals.
Appellant first complains that the trial court erred in refusing his challenge for cause to a proposed juror who was a Philadelphia policeman. We agree with ...