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COMMONWEALTH v. ALLEN

220 Pa.Super. 44 (1971)

Commonwealth v. Allen, Appellant.

Superior Court of Pennsylvania.

September 21, 1971.

Attorney(s) appearing for the Case

David N. Savitt, with him John Patrick Walsh, and Walsh & Savitt, for appellant.

Robert C. Spitzer, Assistant District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, September 21, 1971:

Judgment of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

The instant case is practically identical with Commonwealth v. Bruno, 215 Pa.Super. 407, 258 A.2d 666 (1969). In that case, this Court ordered a new trial for appellant because the Commonwealth's chief witness...

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