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COMMONWEALTH PENNSYLVANIA v. JAMES RUSSELL MATTHEWS (01/04/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: January 4, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES RUSSELL MATTHEWS, APPELLANT

No. 2609 October Term, 1978, Appeal from Judgment of Sentence of the Court of Common Pleas of Lackawanna County, Criminal Division, Nos. 282, 314 of 1977.

COUNSEL

Todd J. O'Malley, Scranton, for appellant.

Ernest D. Preate, District Attorney, Scranton, for Commonwealth, appellee.

Hester, Hoffman and Catania, JJ.*fn*

Author: Hester

[ 273 Pa. Super. Page 375]

Having fully reviewed the record and briefs submitted by counsel, we find that the issues and arguments presented to be identical to those presented by a co-defendant, William Bazil Yannariello in his appeal, Commonwealth v. Yannariello, No. 2608 October Term, 1978; J. 822/1979; decided before Price, Gates, and Dowling, JJ.

Judge Dowling has written an opinion for the majority of that panel which was filed October 5, 1979, 270 Pa. Super. 312, 411 A.2d 543 (1979) wherein he reversed the conviction of Yannariello and remanded for a new trial on the grounds that Yannariello and appellant were represented by the same counsel and a conflict arose between their interests during trial. The trial court refused to grant a severance. Both were convicted. We agree with the reasoning of Judge Dowling. We will not reiterate the same herein.


*fn* President Judge Francis J. Catania of the Court of Common Pleas of Delaware County, Pennsylvania, is sitting by designation.


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