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COMMONWEALTH v. CHRISTIAN

215 Pa.Super. 8 (1969)

Commonwealth, Appellant, v. Christian.

Superior Court of Pennsylvania.

September 11, 1969.

Attorney(s) appearing for the Case

James D. Crawford, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Alfred P. Filippone, for appellee.

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

OPINION BY WRIGHT, P.J., September 11, 1969:

We are here concerned with an appeal by the Commonwealth from an order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, by virtue of which order a prior guilty verdict was withdrawn and a finding of not guilty entered. Ordinarily, where a defendant has been found not guilty, the Commonwealth has no right of appeal: Commonwealth v. Lodge No. 148 Loyal Order of Moose et al.,

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