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.
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.
[ 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.