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COMMONWEALTH PENNSYLVANIA v. FRANK FERRELL (05/30/80)

decided: May 30, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
FRANK FERRELL, APPELLANT



No. 304, 350 JANUARY TERM, 1978, Appeal from the Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, October Term, 1977, Nos. 2550, 2552.

COUNSEL

John Paul Curran, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Division, Asst. Dist. Atty., Michelle Goldfarb, Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Flaherty

[ 489 Pa. Page 594]

OPINION OF THE COURT

On March 14, 1978, the appellant, Frank E. Ferrell, was convicted of third degree murder and possession of an

[ 489 Pa. Page 595]

    instrument of crime in connection with a fatal stabbing incident. Appellant presents three arguments on appeal: (1) that error was committed by denying a motion to suppress appellant's self-incriminating statements; (2) that the evidence was insufficient to sustain a third degree murder conviction; and (3) that the Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 906 (1973) bars simultaneous convictions for murder and possession of an instrument of crime.

After a thorough review of the briefs and record, we have found these arguments to be without merit.

Judgment of sentence affirmed.

19800530

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