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COM. v. BLUE COAL CORP.

No. 1842 of 1970.

60 Pa. D. & C. 2d 621 (1973)

Commonwealth v. Blue Coal Corporation

Common Pleas Court of Luzerne County, Pennsylvania.

February 7, 1973.

Attorney(s) appearing for the Case

Patrick J. Toole, Jr. and James R. Anzalone, for Commonwealth.

Franklin B. Gelder and Bernard J. Brown, for defendant.

Before Brominski, P. J., Bigelow, Hourigan, Olszewski, Podcasy and Dalessandro, JJ.

HOURIGAN, J., February 7, 1973.

This case is before the court on defendant's motion in arrest of judgment. Defendant had been found guilty of the crime of maintaining a public nuisance and filed motions in arrest of judgment and for new trial. However, at argument and in its brief, defendant pursued only three of its assigned reasons in its motion in arrest of judgment, namely: (1) The indictment returned in this case is patently defective in that there is a fatal...

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