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COM. v. POWELL

527 Pa. 288 (1991)

590 A.2d 1240

COMMONWEALTH of Pennsylvania, Appellant, v. Donald POWELL, Appellee.

Supreme Court of Pennsylvania.

Decided May 1, 1991.

Attorney(s) appearing for the Case

Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Norman Gross, for appellant.

Steven J. Fishgold, for appellee.

John W. Packel, Chief, Appeals Div., Leonard N. Sosnov, Asst. Defender, for Amicus-Defender Assn. of Philadelphia.

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

OPINION

NIX, Chief Justice.

In 1987, Donald Powell, appellee, was found guilty of burglary, trespass, simple assault, and related crimes. After the adjudication of appellee's guilt, the trial court sua sponte granted the appellee's motion for a new trial, "in the interest of justice." The Commonwealth appealed and the Superior Court affirmed the action of the trial court, concluding that since the issues raised...

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