Commonwealth v. Lipscomb

Opinion by

Mr. Justice Eagen,

This is a direct appeal from the judgments of sentence imposed on David Lipscomb following his conviction by a jury of murder in the first degree and of conspiracy to commit robbery and murder.

The prosecution stemmed from the fatal stabbing assault on Edward Sweeney, allegedly committed by Lipscomb and six other young men on a public street in Philadelphia. The assistant district attorney’s argument to the jury violated the rules of proper professional conduct and was of such a prejudicial character as to deny Lipscomb his constitutional right to a fair trial. We…