January Term, 1976 Nos. 438 and 478, Appeal from the Judgments of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Imposed on Information Nos. 1869, 1872 and 1873, June Term, 1975
Jos. W. Furlong, Jr., Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Robert B. Lawler, Asst. Dist. Atty., Philadelphia, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.
This is an appeal from judgments of sentence entered upon jury verdicts finding appellant guilty of second degree murder, possession of an instrument of crime, criminal conspiracy, and robbery.*fn* The possession, conspiracy, and robbery convictions were appealed to the Superior Court, which subsequently certified those appeals to this Court.
Appellant raises the following contentions:
(1) That certain remarks made by the prosecutor during closing argument were so inflammatory as to warrant the grant of a new trial.
(2) That the trial court erred in denying appellant's motion for a mistrial following an objection to a leading question posed by the prosecutor on re-direct examination of a prosecution witness;
(3) That appellant's belated discovery of a prior inconsistent written statement by a prosecution witness was prejudicial and resulted in an unfair trial;
(4) That appellant's confession should have ...