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COMMONWEALTH v. BROWN et al.

229 Pa.Super. 211 (1974)

Commonwealth, Appellant, v. Brown et al.

Superior Court of Pennsylvania.

June 21, 1974.

Attorney(s) appearing for the Case

Martin J. King, Assistant District Attorney, with him Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellant.

Michael A. Klimpl, Assistant Public Defender, with him Edward A. Stutman, of Counsel, and James M. McNamara, Public Defender, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., June 21, 1974:

This is an appeal by the Commonwealth from the court en banc's grant of a new trial to both defendants because a Commonwealth witness at trial referred to their refusal to make a further statement without having an attorney present. For authority, the court relied entirely on our Supreme Court's decision in Commonwealth v. Haideman, 449 Pa. 367, 296 A.2d 765 (1972). Since no challenge has...

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