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COMMONWEALTH v. SIMMONS

211 Pa.Super. 344 (1967)

Commonwealth, Appellant, v. Simmons.

Superior Court of Pennsylvania.

December 14, 1967.

Attorney(s) appearing for the Case

Kenneth J. Yablonski, with him Harold V. Fergus, District Attorney, for Commonwealth, appellant.

Stephen D. Marriner, with him McCreight, Marriner & McCreight, for appellee.

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

OPINION BY WATKINS, J., December 14, 1967:

This is an appeal by the Commonwealth from an order of the Court of Quarter Sessions of Washington County quashing an indictment found against the defendant-appellee, William Simmons, under the Bituminous Coal Mine Act, July 17, 1961, P.L. 659, Article VII, 703, 52 PS 701-703.

According to the record the defendant, William Simmons, was employed by the United States...

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