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COMMONWEALTH v. DiPASQUALE

431 Pa. 536 (1968)

Commonwealth, Appellant, v. DiPasquale.

Supreme Court of Pennsylvania.

October 3, 1968.

Attorney(s) appearing for the Case

Richard A. Sprague, First Assistant District Attorney, with him Michael J. Rotko, Assistant District Attorney, Arlen Specter, District Attorney, William C. Sennett, Attorney General, for Commonwealth, appellant.

Alvin B. Lewis, Jr., President, for Pennsylvania District Attorney's Association, amicus curiae.

G. Fred Di Bona and A. Charles Peruto, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, October 3, 1968:

These appeals are taken by the Commonwealth (1) from the Order of the Court of Quarter Sessions of Philadelphia denying the motion of the Commonwealth (a) for a continuance and (b) for a nolle pros, and also (2) from the entry of verdicts of not guilty at the trial.

Appellee was charged, along with two others, on seven bills of indictment for murder, manslaughter and conspiracy. The case arose out of shootings...

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