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COMMONWEALTH v. DIANA

455 Pa. 267 (1974)

Commonwealth v. Diana, Appellant.

Supreme Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

W. Parker Ruddock, Public Defender, for appellant.

W. Thomas Malcolm, for Commonwealth, appellee.

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

OPINION PER CURIAM, January 24, 1974:

One of the assignments of error in this appeal from a conviction of burglary, larceny, pointing a deadly weapon, and robbery while armed is that the trial court committed reversible error in refusing to allow appellant's brother to testify as an alibi witness. The court's ruling was based on appellant's noncompliance with Pa. R. Crim. P. 312, which requires five days' notice to the Commonwealth of intention to raise the defense...

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