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LEWIS v. LEBANON COURT OF COM. PLEAS

436 Pa. 296 (1969)

Lewis, Petitioner, v. Lebanon Court of Common Pleas.

Supreme Court of Pennsylvania.

December 12, 1969.

Attorney(s) appearing for the Case

Alvin B. Lewis, Jr., District Attorney, in propria persona, with him Joseph C. Mesics, Assistant District Attorney, and George E. Christianson, First Assistant District Attorney, for petitioner.

Maurice L. Epstein, LeRoy S. Zimmerman and David M. Boyd, amicus curiae, for District Attorney's Association of Pennsylvania.

John W. Packel and Melvin Dildine, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for amicus curiae, Defender Association of Philadelphia.

Thomas A. Ehrgood, for defendant in criminal action.

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

OPINION BY MR. JUSTICE JONES, December 12, 1969:

On May 25, 1968, a homicide occurred in Lebanon County and, on November 11, 1968, Arthur M. Root, Jr., was arrested and charged with the offense. Two days later, defense counsel were appointed by the court and, on December 16, 1968, a preliminary hearing was held.

At the preliminary hearing, the Commonwealth's key witness was Paul M. Stombaugh, a Special Agent for the Federal Bureau of Investigation (FBI), assigned...

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