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COMMONWEALTH v. SIMMS

462 Pa. 26 (1975)

333 A.2d 477

COMMONWEALTH of Pennsylvania v. James SIMMS, Petitioner.

Supreme Court of Pennsylvania.

Decided February 11, 1975.

Attorney(s) appearing for the Case

Samuel J. Reich, Mark L. Glosser, Cooper, Schwartz, Diamond & Reich, Pittsburgh, for appellant.

John J. Hickton, Dist. Atty., Robert L. Eberhardt, Peter Foster, Asst. Dist. Attys., Pittsburgh, for appellee.

OPINION

PER CURIAM:

And now, this 11th day of February, 1975, the petition for allocatur is granted, the order of the Superior Court affirming the judgment of sentence is reversed 228 Pa.Super. 85, 324 A.2d 365, and a new trial is awarded. See Commonwealth v. Demmitt, 456 Pa. 475, 321 A.2d 627 (1974) and Commonwealth v. Rose, 457 Pa. 380

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