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COMMONWEALTH v. TUMOLO

223 Pa.Super. 189 (1972)

Commonwealth, Appellant, v. Tumolo.

Superior Court of Pennsylvania.

December 11, 1972.

Attorney(s) appearing for the Case

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

Barry H. Denker, and Shuman, Gay, Denker & Land, for appellee.

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

OPINION BY PACKEL, J., December 11, 1972:

The defendant was indicted in Philadelphia for conspiracy and for faking insurance claims with respect to two alleged automobile accidents, one in Philadelphia and one outside Philadelphia. The court below quashed the indictments on the ground that there was no evidence of any overt act that occurred in Philadelphia. The notes of testimony of the preliminary hearing reveal...

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