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COMMONWEALTH v. KATZ

202 Pa.Super. 629 (1964)

Commonwealth, Appellant, v. Katz.

Superior Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for Commonwealth, appellant.

Henry Mustin, for appellee.

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

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

This is an appeal by the Commonwealth from a finding of not guilty entered by the Court of Quarter Sessions of Allegheny County after a trial without a jury. Ordinarily the Commonwealth cannot appeal from a finding of not guilty, but there are exceptions. Commonwealth v. Obenreder, 144 Pa.Super. 253, 19 A.2d 497 (1941); Commonwealth v. Kerr, 150 Pa.Super. 598, 29 A.2d 340 (1942).

The Act of May 19, 1874...

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