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COM. v. WATERS

491 Pa. 85 (1980)

418 A.2d 312

COMMONWEALTH of Pennsylvania, Appellee, v. Gary D. WATERS, Appellant. COMMONWEALTH of Pennsylvania, Appellant, v. Gary D. WATERS, Appellee.

Supreme Court of Pennsylvania.

Decided July 15, 1980.

Reargument Denied September 10, 1980.

Attorney(s) appearing for the Case

Gregory V. Smith, Chief Public Defender, George E. Lepley, Jr., Williamsport, for Waters.

Robert F. Banks, First Asst. Dist. Atty., for Com.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN and FLAHERTY, JJ.

OPINION

EAGEN, Chief Justice.

This involves two appeals stemming from the prosecution of Gary D. Waters on several charges following a criminal episode in Lycoming County. One appeal has been filed by Waters, and the other by the Commonwealth. To clarify the issues, we detail the background garnered from the record.

On April 13, 1976, Waters and Paul Allen agreed to commit armed robberies in the central Pennsylvania area. The two had recently returned...

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