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COMMONWEALTH v. NETKOWICZ

170 Pa.Super. 125 (1951)

Commonwealth v. Netkowicz, Appellant.

Superior Court of Pennsylvania.

November 15, 1951.

Attorney(s) appearing for the Case

Theodore Netkowicz, appellant, in propria persona, submitted a brief.

Herbert J. Johnson, Jr., Assistant District Attorney, with him Damian McLaughlin, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ. (GUNTHER, J., absent).

OPINION BY RENO, J., November 15, 1951:

Butts, Petrie and Netkowicz were indicted for burglary. Butts pleaded guilty; Petrie entered a plea of nolo contendere; and they have been sentenced. Netkowicz was convicted by a jury; his motions for a new trial and arrest of judgment were denied; and he appealed. The sole question raised on appeal relates to an incident which occurred when Butts testified as a Commonwealth witness.

A railroad watchman observed the...

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