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COMMONWEALTH PENNSYLVANIA v. TOMMIE L. CLARK (10/06/77)

decided: October 6, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
TOMMIE L. CLARK, APPELLANT



Appeal, No. 1566, October Term, 1976, from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Imposed on Nos. 844 and 845, April Sessions, 1975; Sabo, Judge.

COUNSEL

Morton Krase, Philadelphia, for appellant.

Deborah E. Glass and Steven H. Goldblatt, Assistant District Attorneys, Philadelphia, submitted a brief for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Cercone, J., concurs in the result.

Author: Hoffman

[ 249 Pa. Super. Page 460]

Appellant contends that the lower court erred in refusing to read his requested instruction on the issue of alibi. Appellant's co-defendant raised an identical claim in Commonwealth v. Van Wright, 249 Pa. Super. 451, 378 A.2d 382 (1977), in which we reversed the judgment of sentence and granted the co-defendant a new trial. Therefore, for the reasons stated in Commonwealth v. Van Wright, we reverse appellant's judgment of sentence and grant a new trial.

Judgment of sentence vacated and new trial granted.

19771006

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