CLARY, Chief Judge.
This is a motion for a new trial brought by the defendant Charles E. Hickey. The relevant facts are as follows:
At or about 3 o'clock in the morning of June 1, 1965, two police officers found defendant lying drunk in an alleyway in the vicinity of 48th and Pine Streets, Philadelphia. After the officers wakened the defendant, it became evident from his actions that he was still stuporous. He was immediately arrested for public intoxication...
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