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Commonwealth v. Almeida

362 Pa. 596, 68 A.2d 595 (1949)

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Commonwealth v. Almeida

Supreme Court of Pennsylvania

362 Pa. 596, 68 A.2d 595 (1949)

Facts

David Almeida (defendant) and two associates committed armed robbery. Several police officers tried to stop the robbery and apprehend the robbers. A gunfight ensued, in the course of which Officer Cecil Ingling was shot and killed. The Commonwealth of Pennsylvania (plaintiff) prosecuted Almeida for Ingling's murder. Almeida's defense was that another police officer shot Ingling. The trial judge denied Almeida's request to instruct the jury that, to convict Almeida of murder, the prosecution had to prove that one of the robbers shot Ingling. Instead, the judge instructed the jury that, even if someone other than one of the robbers shot Ingling, the jury could convict Almeida of murder if the jury found that Almeida was engaged in an armed robbery when Ingling was shot. The jury convicted Almeida and he appealed to the Supreme Court of Pennsylvania.

Rule of Law

Issue

Holding and Reasoning (Maxey, C.J.)

Dissent (Jones, J.)

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