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COMMONWEALTH v. YOUNGBLOOD

453 Pa. 225 (1973)

Commonwealth, Appellant, v. Youngblood.

Supreme Court of Pennsylvania.

July 2, 1973.

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.

Wilbur Bourne Ruthrauff, with him Spencer Ervin, Jr., and Tate and Ervin, for appellee.

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

OPINION BY MR. JUSTICE POMEROY, July 2, 1973:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas granting a new trial to the defendant, Kenneth Youngblood. It presents, inter alia, the question whether a court en banc considering a convicted defendant's motion for a new trial must include the pre-trial suppression judge among its members and have before it the notes of testimony from the suppression hearing. On the merits there...

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