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COMMONWEALTH v. LESTER, et al.

223 Pa.Super. 473 (1973)

Commonwealth v. Lester, Appellant et al.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

William T. Jorden, for appellant.

Joseph T. Messina, Assistant District Attorney, with him R. Gordon Kennedy, District Attorney, for Commonwealth, appellee.

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

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

This is an appeal from appellant's conviction for assault with intent to kill.1 Appellant was tried jointly with Gregory Moyer, who was also found guilty. Appellant contends that the lower court erred in not allowing the jury to find that one of the defendants might have been innocent if the other was found guilty.

Donald Holtz and David Hulings were walking easterly on North Park Row in...

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