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COMMONWEALTH PENNSYLVANIA v. CHARLES R. HORST (09/25/86)

decided: September 25, 1986.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
CHARLES R. HORST, SR., APPELLEE



Appeal No. 20 M.D. Appeal Docket 1985 by Allowance from the Judgment of the Superior Court, 332 Pa. Superior Ct. 401, Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Hutchinson, J., filed a dissenting opinion in which Larsen, J., joined.

Author: Per Curiam

[ 511 Pa. Page 379]

ORDER OF COURT

Appeal dismissed as having been improvidently granted.

HUTCHINSON, Justice, dissenting.

I would reverse the order of Superior Court for the reasons contained in Judge Roberts' dissenting opinion in Commonwealth v. Charles R. Horst, Sr., 332 Pa. Superior Ct. 401, 481 A.2d 677 (1984) (Roberts, J. dissenting).

19860925

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