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COMMONWEALTH v. DALE

215 Pa.Super. 179 (1969)

Commonwealth v. Dale, Appellant.

Superior Court of Pennsylvania.

September 11, 1969.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Roger F. Cox, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, September 11, 1969:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant was found guilty of aggravated robbery and rape. Post-trial motions nunc pro tunc were filed and denied. This appeal followed.

The issue in this case is whether a new trial should be awarded because the prosecutor allowed a codefendant, Joseph Charles, who appeared for the Commonwealth, to testify falsely that no promises of special...

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