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COMMONWEALTH PENNSYLVANIA v. GEORGE BRITTON (03/31/86)

decided: March 31, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
GEORGE BRITTON, APPELLANT



Appeal No. 17 Eastern Dist. Appeal Docket, 1985 from Judgment of Superior Court, 334 Pa. Superior Ct. 203, Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Zappala, J., files a dissenting statement.

Author: Per Curiam

[ 509 Pa. Page 621]

ORDER

Appeal dismissed as having been improvidently granted.

Disposition

Dismissed.

ZAPPALA, Justice, dissenting.

Not only would I reach the merits of this appeal, but I would reverse the Appellant's conviction and grant him a new trial. It is clear from the record that the trial judge exceeded his proper duty by his extensive interrogation of the Appellant. Commonwealth v. Myma, 278 Pa. 505, 123 A. 486 (1924). See Commonwealth v. Britton, 334 Pa. Super. 203, 222, 482 A.2d 1294, 1304 (1984) (dissenting opinion of Spaeth, P.J.).

19860331

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