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COMMONWEALTH PENNSYLVANIA v. BERNARD C. JERRY (05/01/79)

decided: May 1, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
BERNARD C. JERRY, APPELLANT. COMMONWEALTH OF PENNSYLVANIA V. GARY JAMES ROBINSON, APPELLANT



No. 48 March Term, 1978, No. 52 March Term, 1978, Appeal from the Order of the Court of Common Pleas of Beaver County Pennsylvania, Criminal Division April 12, 1978 at Nos. 197 and 199 of 1977

COUNSEL

Layden C. Sadecky, Beaver, for appellant at No. 48.

Harry E. Knafelc, Public Defender's Office, Beaver, for appellant at No. 52.

John Lee Brown, Jr., Asst. Dist. Atty., Beaver, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Nix, J., concurs in the result. Manderino, J., filed a dissenting opinion in which Roberts, J., joins.

Author: Larsen

[ 485 Pa. Page 97]

OPINION

In a joint trial, appellant Bernard C. Jerry was convicted of murder of the first degree and appellant Gary Robinson was convicted of murder of the second degree. Additionally, the appellants were convicted of robbery, conspiracy, and various other offenses. Post-verdict motions were denied and the appellants were sentenced to life imprisonment. In this appeal, the appellants (individually or in conjunction) raise the following contentions, all of which are without merit.

1. That the evidence is insufficient to sustain appellant Jerry's conviction of murder of the first degree*fn1 and robbery.

2. That the lower court erred in determining that appellant Jerry had waived his right to object to certain inadmissible evidence.

3. That the lower court erred when, during the trial, it discharged a principal juror and replaced said juror with an alternate juror.

4. That the lower court erred in permitting in-court identifications of the appellants (Jerry and Robinson) by four Commonwealth witnesses.

5. That the lower court erred in refusing the appellants' (Jerry and Robinson) motion for a mistrial after a Commonwealth witness ...


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