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COMMONWEALTH PENNSYLVANIA v. NATHANIEL NELSON (05/23/77)

May 23, 1977

COMMONWEALTH OF PENNSYLVANIA
v.
NATHANIEL NELSON, PETITIONER.



COUNSEL

John W. Packel, Asst. Public Defender, Chief, Appeals Div., Defender Ass'n of Philadelphia, Philadelphia, for petitioner.

F. Emmett Fitzpatrick, Dist. Atty., Philadelphia County, Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, for respondent.

Before Eagen, C.j., and O'brien, Roberts, Pomeroy, Nix, Manderino, and PACKEL, JJ.

Per Curiam.

The petition for allocatur is granted. The order of the Superior Court, 245 Pa. Super. 33, 369 A.2d 279, reversing the order granting a motion in arrest of judgment is hereby affirmed; the case is remanded to the trial court, however, for disposition of appellant's motion for new trial. See Commonwealth v. Meadows, 471 Pa. 201, 369 A.2d 1266 (1977).

19770523

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