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COM. v. SMITH

321 Pa.Super. 170 (1983)

467 A.2d 1307

COMMONWEALTH of Pennsylvania v. Thomas SMITH, Appellant. COMMONWEALTH of Pennsylvania v. David GARVIN, Appellant. COMMONWEALTH of Pennsylvania v. James BRADLEY, Appellant.

Supreme Court of Pennsylvania.

Filed October 14, 1983.

Reargument Granted December 16, 1983.

Reargument Denied December 16, 1983.

Petition for Allowance of Appeal Denied December 19, 1983.

Attorney(s) appearing for the Case

James J. Phelan, Jr., Narberth, for Smith, appellant (No. 1229).

George Henry Newman, Philadelphia, for Garvin, appellant (No. 1332).

Bruce M. Rotfeld, Blue Bell, for Bradley, appellant (No. 1465).

Maxine J. Stotland, Assistant District Attorney, Philadelphia, for Com., appellee.

Before SPAETH, ROWLEY and VAN der VOORT, JJ.

Reargument Granted in Garvin, December 16, 1983.

Reargument Denied in Bradley, December 16, 1983.

ROWLEY, Judge:

Commencing September 4, 1980, appellants were tried jointly before a jury on charges of rape, simple assault, involuntary deviate sexual intercourse and criminal conspiracy. On September 19, 1980, the jury returned a verdict finding Appellant Garvin guilty of the crimes of rape and simple assault and verdicts finding Appellants Smith and...

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