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COMMONWEALTH v. SWANSON

424 Pa. 192 (1967)

Commonwealth v. Swanson, Appellant.

Supreme Court of Pennsylvania.

January 4, 1967.

Attorney(s) appearing for the Case

James R. DiFrancesco, with him DiFrancesco & DiFrancesco, for appellant.

Ferdinand F. Bionaz, District Attorney, with him William P. Kelly, Assistant District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, January 4, 1967:

Defendant, charged with the crime of murder, presented to the Court of Oyer and Terminer of Cambria County a petition for a change of venue, alleging that certain prearrest and pretrial publicity precluded defendant-appellant from receiving a fair trial in Cambria County. Pa. R. Crim. P. 313 provides that venue may be changed ". . . when it is determined after hearing that a fair and impartial trial cannot be had...

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