COMMONWEALTH v. BONADUCE


224 Pa.Super. 337 (1973)

Commonwealth v. Bonaduce, Appellant.

Superior Court of Pennsylvania.

June 14, 1973.


Attorney(s) appearing for the Case

James A. Lynch, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, June 14, 1973:

Appellant contends that after-discovered evidence should entitle him to a new trial. In the briefs of the parties, reference is made to an affidavit setting forth: (1) the reason the offered evidence was not available at time of trial; and (2) the nature of the evidence and its materiality to appellant's defense.

We have searched the record and find no affidavit. Under the circumstances, we are unable to make a determination...

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