Commonwealth v. Gwaltney

OPINION

POMEROY, Justice.

Appellant, Anthony Gwaltney, was convicted by a jury on December 8, 1975 of murder of the third degree and criminal conspiracy. After denial of post-trial motions he was sentenced to consecutive terms of imprisonment of 10-20 years on the murder charge and 5-10 years on the conspiracy charge. This appeal followed. 1

The record discloses that on November 21, 1974, at approximately 11:00 A. M., John Wearing alighted from an automobile in North Philadelphia in order to make a purchase at a state liquor store. Standing nearby were defendant and several other persons, all…