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COMMONWEALTH v. MICHELOTTI (05/27/66)

May 27, 1966

COMMONWEALTH
v.
MICHELOTTI



Appeal, No. 39, April T., 1966, from judgment of sentence of Court of Quarter Sessions of Allegheny County, April T., 1964, No. 689. Indictment charging defendant with unlawful possession of drugs, unlawful dispensing of drugs, and corrupting the morals of a minor.

COUNSEL

Marjorie Hanson Matson, for appellant; Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence affirmed and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.

HOFFMAN, J., would grant a new trial, because the lower court failed to charge the jury that the testimony of an accomplice, who had been indicted for the same crime as the defendant, should be received with great caution.

WATKINS, J., absent.

19660527

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