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COMMONWEALTH v. PIERCE

217 Pa.Super. 414 (1970)

Commonwealth v. Pierce, Appellant.

Superior Court of Pennsylvania.

November 13, 1970.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Donald Stern, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James D. Crawford, Deputy 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, November 13, 1970:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant was found guilty of rape after a jury trial. The defense was alibi. Before the Judge charged the jury, defense counsel submitted a number of points for charge. The court affirmed all points except number twenty, which read, "[i]t is not necessary for defendant to prove his alibi beyond...

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