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COM. v. SMIDL

395 Pa.Super. 266 (1990)

577 A.2d 210

COMMONWEALTH of Pennsylvania v. David Roy SMIDL, Appellant.

Supreme Court of Pennsylvania.

Filed June 27, 1990.

Attorney(s) appearing for the Case

Patrick J. Thomassey, Monroeville, for appellant.

Kemal A. Mericli, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before CAVANAUGH, JOHNSON and HOFFMAN, JJ.

PER CURIAM:

Order of Trial Court is reversed. Judgment of Sentence is vacated and case is remanded for a new trial. Jurisdiction is relinquished.

JOHNSON, Judge, dissenting.

I would agree with my esteemed colleagues that the outcome of this case would appear to be controlled by the holding in Commonwealth v. Roxberry, 381 Pa.Super. 314, 553 A.2d 986 (1988). However,...

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