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COMMONWEALTH v. DAVIS. (05/16/74)

May 16, 1974

COMMONWEALTH, APPELLANT,
v.
DAVIS.



Appeal, No. 1168, Oct. T., 1973, from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1972, No. 852.

COUNSEL

David Richman, Assistant District Attorney, with him Mark Sendrow, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellant; Joseph V. Restifo, for appellee.

Before Bullock, Jr., J., without a jury.

Opinion PER CURIAM: The order of the court below granting a new trial solely to enable appellant to establish

[ 228 Pa. Super. Page 881]

    the admissibility of a polygraph test is erroneous as a matter of law. Commonwealth v. Brooks, 454 Pa. 75, 309 A.2d 732 (1973). Reversed and remanded.

19740516

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