decided: July 10, 1967.
Appeal from judgment of Court of Oyer and Terminer and Quarter Sessions of the Peace of Philadelphia County, Oct. T., 1966, No. 263, in case of Commonwealth of Pennsylvania v. James Davenport.
Bernard L. Segal, with him Needleman, Needleman, Segal and Tabb, for appellant.
Joseph M. Smith, Assistant District Attorney, with him Edwin D. Wolf and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Wright, J.
[ 210 Pa. Super. Page 61]
James Davenport was indicted by the Grand Jury in the Court of Quarter Sessions of Philadelphia County on a charge of assault and battery upon his estranged wife. Timely notice was filed under Pa. R. Crim. P. No. 312 of the intention to offer the defense of alibi. This notice was signed by Davenport's attorney. The case was tried non-jury before Judge Gutowicz, who refused to permit designated alibi witnesses to testify because the notice was not signed by Davenport personally. Davenport was adjudged guilty, motions for new trial and in arrest of judgment were overruled, and sentence was imposed. This appeal followed.
The issue involved is identical with that in Commonwealth v. Gonzales, 210 Pa. Superior Ct. 57, 231 A.2d 414. The instant appeal is governed by our
[ 210 Pa. Super. Page 62]
opinion filed this day in the Gonzales case, the pertinent portions of which are incorporated herein by reference.
Judgment reversed with a venire.
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