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COM. v. EMS

543 Pa. 183 (1996)

670 A.2d 137

COMMONWEALTH of Pennsylvania, Appellant v. John EMS.

Supreme Court of Pennsylvania.

Decided January 19, 1996.

Attorney(s) appearing for the Case

Lindsay N. Scott, Stephen B. Harris, Commonwealth.

David J. Sowerbutts, Bristol, for John Ems.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and CASTILLE, JJ.

Prior report: 438 Pa.Super. 163, 651 A.2d 1143

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

CASTILLE, J., files a dissenting statement in which FLAHERTY, J., joins.

CASTILLE, Justice, dissenting.

Contrary to the position of the majority of this Court, I do not believe that this appeal should be dismissed as being...

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