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COMMONWEALTH PENNSYLVANIA v. THOMAS FOSTER (03/18/75)

decided: March 18, 1975.

COMMONWEALTH OF PENNSYLVANIA
v.
THOMAS FOSTER, APPELLANT



Appeal No. 74 January Term, 1974, from the Order of the Superior Court Affirming Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of March Sessions, 1971 No. 1153; Bernard J. Kelley, Judge.

COUNSEL

Donald M. Moser, Lorch, Ryan, Peruto & Vitullo, Philadelphia, for appellant.

Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Division, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 460 Pa. Page 422]

ORDER

AND, NOW, this 18 day of March, 1975, the order dated September 24, 1973, which granted the petition for allowance

[ 460 Pa. Page 423]

    of appeal in Commonwealth of Pennsylvania v. Thomas Foster, Allocatur Docket No. 681, Pa. 3390, is hereby vacated as having been improvidently granted.

19750318

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