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COMMONWEALTH v. ALLEN (03/01/68)

decided: March 1, 1968.

COMMONWEALTH
v.
ALLEN, PETITIONER



Appeal from order of Superior Court, Oct. T., 1967, No. 630, affirming order of Court of Quarter Sessions of Montgomery County, Nov. T., 1957, No. 63, in case of Commonwealth of Pennsylvania v. Herbert B. Allen.

COUNSEL

Dominic P. Costa, for petitioner.

Henry T. Crocker, Assistant District Attorney, with him Richard A. Devlin and Anthony J. Scirica, Assistant District Attorney, and Richard S. Lowe, District Attorney, for Commonwealth, respondent.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 428 Pa. Page 402]

The Orders of the Superior Court and the Court of Quarter Sessions of Montgomery County are reversed, and the case is remanded for a new trial on Bill No. 63, November Sessions, 1957, on the dissenting opinion of Judge Hoffman of the Superior Court, at 211 Pa. Superior Ct. 259 at 260.

Disposition

Orders of Superior Court and Court of Quarter Sessions of Montgomery County reversed, and case remanded for new trial.

19680301

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