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COM. v. ELMORE

508 Pa. 81 (1985)

494 A.2d 1050

COMMONWEALTH of Pennsylvania, Appellant, v. Franklin ELMORE, Appellee.

Supreme Court of Pennsylvania.

Decided June 26, 1985.

Attorney(s) appearing for the Case

Michael Veshecco, Dist. Atty., Frank J. Scutella, Asst. Dist. Atty., Erie, for appellant.

Carmela R.M. Presogna, Asst. Public Defender, Erie, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

Appellee was convicted by an Erie County jury of rape. He was sentenced to a period of incarceration of from five years to ten years. Superior Court, 323 Pa.Super. 540, 471 A.2d 76 (1983) vacated the judgment of sentence and remanded the case for a new trial.

On the first day of trial, the Commonwealth presented five of its six witnesses. Then...

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