decided: October 14, 1988.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
MARVIN BRANTLEY, APPELLEE
Appeal No. 115 E.D. Appeal Docket 1987 from the Order of the Superior Court of Pennsylvania dated February 26, 1987, 364 Pa. Super. 643, 525 A.2d 813 (1987) at No. 503 Philadelphia 1986 which reversed the trial court at Nos. 2138-2143 January Term, 1985, of the Court of Common Pleas of Philadelphia County and remanded for a new trial. Prior report: 364 Pa. Super. 643, 525 A.2d 813.
Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Deborah Fleisher, Philadelphia, for appellant.
Joseph J. Marinaro, Philadelphia, for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Zappala, Papadakos and Stout, JJ.
Author: Per Curiam
[ 519 Pa. Page 316]
The Order of the Superior Court is vacated and the case remanded to the Court of Common Pleas of Philadelphia County for a hearing on the issue of ineffectiveness of counsel and to ascertain the relevance of the testimony which would be given by the alleged missing witness.
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