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COM. v. GILLESPIE

512 Pa. 349 (1986)

516 A.2d 1180

COMMONWEALTH of Pennsylvania, Appellant, v. James GILLESPIE, Appellee.

Supreme Court of Pennsylvania.

Decided October 28, 1986.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Dist. Atty., for appellant.

John J. Cerra, Carbondale, for appellee.

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

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ZAPPALA, Justice.

The Commonwealth appeals a Superior Court Order reversing the Order of the Court of Common Pleas of Lackawanna County denying Appellant's relief under the Post-Conviction Hearing Act (PCHA) 42 Pa.C.S.A. § 9541 et seq. The gravamen of the Commonwealth's appeal is that the Superior Court erred in synthesizing a rule applicable to this case from our holdings in Commonwealth v. Sparrow...

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