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COMMONWEALTH v. THOMAS

450 Pa. 548 (1973)

Commonwealth, Appellant, v. Thomas.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Philip J. O'Malley, Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellant.

David E. Auerbach, Assistant Public Defender, for appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, March 16, 1973:

This is an appeal by the Commonwealth from the order of the Superior Court vacating the judgment of sentence entered against the defendant, Gene LaFunies Thomas, and remanding for a trial on the merits.

The defendant was arrested and charged with possession and sale of narcotics after selling two glassine bags of heroin to a State Police undercover agent. The case came to trial on October 14, 1971, before...

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