Commonwealth v. Gause

OPINION OF THE COURT

MANDERINO, Justice.

The appellant, Leroy Gause, Jr., was convicted in a nonjury trial on December 18, 1973, of murder in the second degree and conspiracy. Post-verdict motions were denied and appellant was sentenced to eight to twenty years imprisonment for the murder. Sentence was suspended as to the conspiracy conviction. This appeal followed.

During the evening of September 25, 1972, about 11:00 p. m., Herman Press was shot five times. Immediately after the shots were heard, the appellant and two other men were seen running away from the street area where the victim was…