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COMMONWEALTH v. HORNER

449 Pa. 322 (1972)

Commonwealth, Appellant v. Horner.

Supreme Court of Pennsylvania.

November 20, 1972.

Attorney(s) appearing for the Case

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

John W. Packel, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE MANDERINO, November 20, 1972:

The appellee, Felix Wade Horner, has moved to quash an appeal by the Commonwealth which was not filed within 30 days of the lower court's final order granting a new trial to the appellee, who had filed a PCHA petition. Appellee had been convicted of first degree murder and was serving a life sentence.

On September 30, 1971, the lower court filed an opinion and order granting a new trial. The order was dated...

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