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COMMONWEALTH PENNSYLVANIA v. HOWARD S. SMITH (06/02/78)

decided: June 2, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
HOWARD S. SMITH, APPELLANT



No. 21 May Term, 1976, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Homicide, of York County at No. 165 October Sessions, 1973

COUNSEL

John H. Chronister, Public Defender, York, for appellant.

Floyd P. Jones, Asst. Dist. Atty., York, for appellee.

Jones, C. J., and Eagen, O'Brien, Pomeroy, Roberts, Nix and Manderino, JJ. Jones, former C. J., did not participate in the decision of this case. Roberts, J., filed an Opinion in Support of Affirmance in which Pomeroy and Nix, JJ., joined. O'Brien filed an Opinion in Support of Reversal in which Eagen, C. J., and Manderino, J., joined.

Author: Per Curiam

[ 478 Pa. Page 392]

OPINION

The Court being equally divided, the judgment of sentence is affirmed.

Opinion IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

I find the evidence sufficient to sustain the jury's verdict of guilty of murder of the second degree. Further, the trial court properly allowed certain expert testimony and

[ 478 Pa. Page 393]

    testimony concerning the bruised condition of the victim. Finally, appellant's claim that his statement to police was unlawfully obtained has not been preserved for appellate review. ...


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