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COMMONWEALTH v. GAITO

223 Pa.Super. 564 (1973)

Commonwealth v. Gaito, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

John J. Dean and J. Graham Sale, Jr., Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt and J. Kent Culley, Assistant District Attorneys, and Robert W. Duggan, 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 Frank Gaito was, after new trial granted by the Pennsylvania Supreme Court in 1966 (422 Pa. 171), retried and again found guilty of all three charges placed against him (burglary, assault with intent to kill, and violation of Uniform Firearms Act of 1939). The sentences which followed this retrial were identical with those imposed...

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