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COMMONWEALTH v. GATEWOOD

221 Pa.Super. 399 (1972)

Commonwealth v. Gatewood, Appellant.

Superior Court of Pennsylvania.

June 15, 1972.

Attorney(s) appearing for the Case

Francis S. Wright, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Maxine J. Stotland, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY PACKEL, J., June 15, 1972:

This appeal from the denial of nunc pro tunc post-trial motions is based upon (1) the unavailability of a significant part of the notes of testimony, and (2) the denial by the trial court of an offer to prove, by the attorney for a co-defendant, a prior inconsistent statement of a witness as to a material matter.

The appellant has been convicted of aggravated robbery and aggravated assault and battery in connection...

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