decided: December 6, 1968.
Appeal from order of Court of Oyer and Terminer of Mifflin County, May T., 1966, No. 2, in case of Commonwealth of Pennsylvania v. Robert Norwood Frankhouser.
R. Lee Ziegler, District Attorney, for Commonwealth, appellant.
Larry F. Knepp, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Montgomery, J. Wright, P. J., and Watkins, J., join in this dissent.
Author: Per Curiam
[ 213 Pa. Super. Page 462]
[ 213 Pa. Super. Page 463]
Dissenting Opinion by Montgomery, J.:
I respectfully dissent from the action of the majority in affirming the grant of a new trial in this case as a result of a post-conviction petition.
Discovery of the reputation of the minor subsequent to petitioner's conviction on the charge of statutory rape does not meet the definition of after-discovered evidence as to justify a new trial. The other reasons stated in the petition are equally without merit.
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