OPINION PER CURIAM, June 12, 1970:
Order affirmed.
DISSENTING OPINION BY HOFFMAN, J.:
Appellant was indicted for rape and brought to trial before a judge and jury. After the Commonwealth and defense had rested their case and argued to the jury, the trial judge indicated that since the hour was late, he would charge the jury the next day. When court reconvened for that purpose, the district attorney made a motion for withdrawal of a juror. His motion...
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