COMMONWEALTH v. HORACE


226 Pa.Super. 531 (1974)

Commonwealth v. Horace, Appellant.

Superior Court of Pennsylvania.

April 3, 1974.


Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Mark Sendrow, Assistant District Attorney, with him David Richman and James T. Ranney, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).


OPINION BY HOFFMAN, J., April 3, 1974:

Appellant contends that the trial court improperly invoked Pa. R. Crim. P. 312 to exclude alibi testimony as part of his defense.

On September 19, 1972, the appellant, Cleveland Horace, was tried before the Honorable Nicholas CIPRIANI, sitting without a jury. Prior to trial on the charge of aggravated robbery, defense counsel informed the Court and the district attorney assigned to the case that he intended to call an...

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