Commonwealth v. Smith

495 Pa. 362 (1981)

433 A.2d 1349

COMMONWEALTH of Pennsylvania

v.

Westley SMITH, Appellant.

Supreme Court of Pennsylvania.

Submitted May 18, 1981.

Decided July 10, 1981.

Reargument Denied September 4, 1981.

Marilyn C. Zilli, 1st Asst. Public Defender, for appellant.

Marion E. MacIntyre, 1st Asst. Dist. Atty., William A. Behe Deputy Dist. Atty., for Com.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION

O'BRIEN, Chief Justice.

In October, 1972, appellant, Westley Smith, was convicted by a jury of murder of the first degree and robbery. The convictions arose from an…