No. 126 March Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, entered on February 28, 1977, at No. CC7501580A.
Lester G. Nauhaus, John H. Corbett, Jr., Asst. Public Defenders, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Larsen, J., filed a dissenting opinion.
Appellant, Eugene Spruill, was found guilty of murder of the first degree by a jury in the Court of Common Pleas of
Allegheny County. Post-trial motions were denied, appellant was sentenced to life imprisonment and this appeal followed.
The Commonwealth sought to establish that appellant had strangled Walter Turner, Jr., in the home of Mr. Turner, in the City of Pittsburgh and that thereafter Gerald Spruill, appellant's brother, Leonard Reed and Elmer Taylor, upon the orders of appellant, transported the body of the victim to a remote section of the Borough of Penn Hills, where they buried it.*fn1 Leonard Reed was called by the Commonwealth and the following testimony was elicited on direct examination:
"Q. [By the prosecutor]. During the first few months that you knew him, how often would you see him and Miss Filmore? (referring to appellant)
A. About every other day.
Q. Did you ever do anything ...