COMMONWEALTH v. DeSIMONE


447 Pa. 380 (1972)

Commonwealth v. DeSimone, Appellant.

Supreme Court of Pennsylvania.

April 20, 1972.


Attorney(s) appearing for the Case

William J. Franks, for appellant.

Thomas P. Ruane, Jr., First Assistant District Attorney, and Joseph Kovach, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. JUSTICE ROBERTS, April 20, 1972:

We must here decide whether the principles recently enunciated in Commonwealth v. Anderson, 441 Pa. 483, 272 A.2d 877 (1971), should apply to trials which took place prior to our decision in that case. In our view, Anderson must be so applied, and we accordingly grant appellant a new trial.

On September 5, 1940, appellant John DeSimone was convicted by a jury of armed...

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