COMMONWEALTH v. LENKER


202 Pa.Super. 538 (1964)

Commonwealth v. Lenker, Appellant.

Superior Court of Pennsylvania.

March 17, 1964.


Attorney(s) appearing for the Case

Victor Dell'Alba, for appellant.

John T. Miller, First Assistant District Attorney, and Daniel W. Shoemaker, District Attorney, for Commonwealth, appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY WATKINS, J., March 17, 1964:

In this appeal by Henry Lenker, the defendant-appellant, from a conviction of fornication and bastardy in the Court of Quarter Sessions of York County; and from the denial of motions for a new trial and in arrest of judgment; the narrow question for determination is whether a prior statement at a preliminary hearing which was inconsistent with her testimony at the trial, is sufficient to require the court to withdraw the case...

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