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COMMONWEALTH v. MOSTELLER

446 Pa. 83 (1971)

Commonwealth v. Mosteller, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

Mark S. Refowich, for appellant.

Nicholas M. Zanakos, Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, December 20, 1971:

This appeal requires that we consider the value of a prosecutrix's recantation subsequent to trial, when her testimony at trial was the sole evidence upon which the Commonwealth depended to support the indictments against appellant for various sex crimes. We believe that on the record before us a new trial is necessary so that a new jury may pass on the prosecutrix's credibility in light of subsequent events.

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