Commonwealth v. DiPasquale

Opinion by

Mr. Justice Eagen,

In March 1964, Ludwig Branach was robbed and brutally assaulted in his grocery store in the city of *502Philadelphia. He died from the injuries received. John Amato and James DiPasquale were arrested in connection with the crime. On May 12, 1965, DiPasquale was convicted by a jury of: (1) murder in the first degree with punishment fixed at life imprisonment; (2) conspiracy to commit robbery; and, (3) robbery.

After a new trial was denied and sentences imposed, an appeal from the judgment resulting from the murder conviction was filed in this Court. Appeals from the…