COMMONWEALTH v. McCLEARY


228 Pa.Super. 224 (1974)

Commonwealth v. McCleary, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Lawrence C. Zeger, for appellant.

John R. Walker, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, June 21, 1974:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Franklin County after conviction by a jury of assault and battery and indecent exposure; and from the refusal of post-trial motions.

The court refused to permit alibi witnesses to testify because of the failure of the defendant to comply with Rule 312, Pennsylvania Rules of Criminal Procedure, requiring five days notice of the defense of alibi...

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