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COMMONWEALTH v. AUSTIN

224 Pa.Super. 230 (1973)

Commonwealth v. Austin, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

William F. Moran, Jr., Assistant Public Defender, for appellant.

Michael E. Riskin, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

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

OPINION BY CERCONE, J., March 27, 1973:

Appellant was convicted on two charges of automobile larceny and one charge of conspiracy. Prior to his trial of February 15, 1972, he asked for a one-week continuance to enable him to locate and subpoena a missing alibi witness. The court refused to allow a one-week continuance upon consideration of the heavy schedule of cases for the following week and of the fact that defendant could not give any assurance that his witness...

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