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COMMONWEALTH v. STRADA

171 Pa.Super. 358 (1952)

Commonwealth v. Strada, Appellant.

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Thomas D. McBride, with him Vincent C. Veldorale, for appellant.

Bernard E. DiJoseph, Assistant District Attorney, with him Nicholas H. Larzelere, Assistant District Attorney and J. Stroud Weber, District Attorney, for appellee.

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

OPINION BY HIRT, J., July 17, 1952:

This appellant, along with three co-defendants, was charged with burglary, larceny, and with conspiracy to commit the crimes. He was tried separately and was convicted and sentenced. In the light of proofs which unequivocally charge him with active participation in the offenses, we decry the circumstances which make it necessary to grant a new trial in the name of due process. Appellant was arrested in Ardmore on September 17, 1951...

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