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COMMONWEALTH PENNSYLVANIA v. JAMES FRANCIS BROWN (01/30/85)

January 30, 1985

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
JAMES FRANCIS BROWN, APPELLEE



No. 21 Pittsburgh 1984, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Allegheny County, No. CC 8308472A.

Before Cirillo, Tamilia and Montgomery, JJ. Cirillo, J., files a Dissenting Memorandum.

Per Curiam:

Order reversed and case remanded for proceedings consistent with our opinion in Commonwealth v. Carson, Pa. Super. , A.2d (No. 17 Pittsburgh, 1984; filed / / ). Jurisdiction is relinquished.

CIRILLO, J., files a Dissenting Memorandum.

CIRILLO, J.

I dissent and would affirm the order of the trial court.

19850130

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