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COMMONWEALTH v. GRAHAM

170 Pa.Super. 343 (1952)

Commonwealth v. Graham, Appellant.

Superior Court of Pennsylvania.

January 17, 1952.

Attorney(s) appearing for the Case

Michael von Moschzisker, with him George D. Kline and Thomas D. McBride, for appellant.

Raymond V. John, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.

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

OPINION BY RENO, J., January 17, 1952:

As in Com. v. Wadley, 169 Pa.Super. 490, 83 A.2d 417, the Commonwealth has confessed error as to one phase of this case, and we hold that the error vitiates appellant's conviction.

The indictment (No. 251 October Sessions, 1949) upon which he was convicted and sentenced contained three counts. The first charged assault and battery upon Doris Bergman, who was 13 years old...

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