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COMMONWEALTH v. COMBER

170 Pa.Super. 466 (1952)

Commonwealth v. Comber, Appellant.

Superior Court of Pennsylvania.

March 18, 1952.

Attorney(s) appearing for the Case

John Patrick Walsh, with him Leon Rosenfield and Walsh, Tubis & Dunn, for appellant.

Americo V. Cortese, Assistant District Attorney, with him John Maurer, District Attorney, for appellee.

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

OPINION BY ARNOLD, J., March 18, 1952:

James Comber appeals from a conviction of assault and battery upon one Madden. Previously he had been tried before a single jury and acquitted on indictments (a) for murder and (b) voluntary and involuntary manslaughter.

In the instant trial the defendant, alleging the verdicts of not guilty in the murder and manslaughter indictments, interposed a special plea of autrefois acquit, and now asserts that the adverse ruling...

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