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COMMONWEALTH v. LARUE (04/28/70)

SUPREME COURT OF PENNSYLVANIA


decided: April 28, 1970.

COMMONWEALTH
v.
LARUE, APPELLANT

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1952, No. 673, in case of Commonwealth v. Alphonso LaRue.

COUNSEL

Melvine Dildine, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

Irwin L. Gross, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 438 Pa. Page 401]

In this PCHA proceeding appellant's only substantive claim is that the indictment upon which his conviction is based was illegally altered at the time of his trial. According to appellant, the grand jury returned two true bills against him, a number 672 charging manslaughter

[ 438 Pa. Page 402]

    and a number 673 charging murder. Both bills were entirely regular in their form except that No. 673 was undated. He further asserts that at the time of his trial the assistant district attorney, upon seeing that No. 673 was undated, took the bill and dated it himself.

After hearing appellant's contentions and examining the records in his Quarter Sessions file, the hearing court decided that his claim was factually groundless. Having been offered no reason to disturb this finding, we affirm.

Disposition

Order affirmed.

19700428

© 1998 VersusLaw Inc.



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