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COM. ex rel. CAMPBELL v. RUSSELL

420 Pa. 26 (1966)

Commonwealth ex rel. Campbell, Appellant, v. Russell.

Supreme Court of Pennsylvania.

January 4, 1966.

Attorney(s) appearing for the Case

Martin Vinikoor, with him Stanford Schmukler, and Vinikoor, Fein, Criden and Johanson, for appellants.

Daniel W. Shoemaker, District Attorney, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, January 4, 1966:

This is a companion case of Commonwealth ex rel. Ensor v. Cummings, 420 Pa. 23, 215 A.2d 651 (1966), and the same issues are involved.

The order of the lower court is reversed, and the record remanded with directions to issue the writ and order a new trial.

Mr. Justice COHEN...

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