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COMMONWEALTH v. DAVENPORT

210 Pa.Super. 60 (1967)

Commonwealth v. Davenport, Appellant.

Superior Court of Pennsylvania.

July 10, 1967.

Attorney(s) appearing for the Case

Bernard L. Segal, with him Needleman, Needleman, Segal and Tabb, for appellant.

Joseph M. Smith, Assistant District Attorney, with him Edwin D. Wolf and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY WRIGHT, J., July 10, 1967:

James Davenport was indicted by the Grand Jury in the Court of Quarter Sessions of Philadelphia County on a charge of assault and battery upon his estranged wife. Timely notice was filed under Pa. R. Crim. P. No. 312 of the intention to offer the defense of alibi. This notice was signed by Davenport's attorney. The case was tried nonjury before Judge GUTOWICZ, who refused to permit designated alibi witnesses to testify because...

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