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COMMONWEALTH v. PRESTON

230 Pa.Super. 467 (1974)

Commonwealth v. Preston, Appellant.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

Barry H. Denker, and Shuman, Denker & Land, for appellant.

David Richman, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., September 23, 1974:

The sole issue in this appeal is whether the lower court erred in denying appellant's petition for post-conviction relief on the ground that after-discovered evidence had been obtained requiring a new trial.

On February 22, 1972, appellant was tried and convicted on the charges of sodomy and assault by a prisoner. The Commonwealth's chief witness, the complainant,

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