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COMMONWEALTH v. PORTER

220 Pa.Super. 222 (1971)

Commonwealth v. Porter, Appellant.

Superior Court of Pennsylvania.

September 21, 1971.

Attorney(s) appearing for the Case

Richard D. Walker, Public Defender, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, September 21, 1971:

Order affirmed.

CONCURRING OPINION BY HOFFMAN, J.:

The issue presented in the instant appeal is whether the trial judge erred in refusing to admit the testimony of an individual, called by appellant as an alibi witness.1 Appellant concedes that his trial attorney failed to file a notice of alibi as required by Rule 312 of the Pennsylvania Rules of Criminal Procedure.

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