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COMMONWEALTH PENNSYLVANIA v. RICHARD JOHN WAGNER (11/24/86)

filed: November 24, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD JOHN WAGNER, APPELLANT

Appeal from the Order entered November 8, 1985 in the Court of Common Pleas of Northampton County, Criminal Division, No. 1229/1231 of 1984.

Per Curiam:

The order of the lower court denying appellant's motion to dismiss is affirmed and this case is remanded for retrial.

Beck, J. files a Dissenting Memorandum.

Before: BECK, CERCONE and ROBERTS, JJ.

19861124

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