Supreme Court of Pennsylvania March 15, 1968, Appeal, 196 (Commonwealth v. Yarnal)

Dissenting Opinion by

Mr. Justice Roberts :

Accepting appellant’s argument that his conviction for larceny of the decedent’s automobile operates as an acquittal of any higher, necessarily included offense of robbery, he still may be found guilty of first degree murder on the basis of the felony-murder doctrine. Section 701 of The Penal Code of 1939, Act of June 24, 1939, P. L.