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COM. v. SMITH

380 Pa.Super. 611 (1989)

552 A.2d 710

COMMONWEALTH of Pennsylvania, Appellee, v. Derreck SMITH, Appellant.

Supreme Court of Pennsylvania.

Filed January 13, 1989.

Attorney(s) appearing for the Case

Richard F. Maffett, Jr., Harrisburg, for appellant.

Theodore B. Smith, III, Assistant District Attorney, Harrisburg, for Com., appellee.

Before OLSZEWSKI, MONTGOMERY and HOFFMAN, JJ.

PER CURIAM:

This is a direct appeal from the judgment of sentence imposed upon the appellant after he was found guilty by a jury of perjury. Timely filed post-verdict motions were denied by the trial court and the appellant was sentenced to a term of imprisonment of two to four years and fined one hundred dollars. This appeal followed. For the reasons which follow, we are constrained to vacate the judgment of sentence and remand the matter for a new trial.

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