Commonwealth v. Oates

Opinion by

Me. Justice Nix,

On February 26, 1970, appellant, John C. Oates, was convicted of second degree murder by a jury. Motions for a new trial and in arrest of judgment were denied by a court en banc and a sentence of not less than five nor more than twelve years was imposed on September 15, 1971. This appeal followed.

The record indicates that on February 11, 1969, at approximately 6:00 p.m., a fight erupted between rival gang members in the vicinity of 22nd and Diamond Streets in Philadelphia. The principal combatants were Jerry Yates and Carlton Smith. The appellant who had not been a…