COMMONWEALTH v. BARNES


237 Pa.Super. 407 (1975)

Commonwealth, Appellant, v. Barnes.

Superior Court of Pennsylvania.

December 1, 1975.


Attorney(s) appearing for the Case

Bonnie Brigance Leadbetter, Assistant District Attorney, with her Steven H. Goldblatt, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellant.

Jack M. Myers, with him Zack, Myers & Atkinson, for appellee.

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


OPINION BY PRICE, J., December 1, 1975:

This case reaches us as an appeal by the Commonwealth from the lower court's grant of a motion in arrest of judgment in favor of the appellee, Russell Barnes. We agree with the Commonwealth's allegations of error, and therefore, will reverse.

The Commonwealth's evidence at trial consisted of the testimony of Special Investigator Carl M. Anderson of the Pennsylvania Department of Justice. In his capacity as undercover...

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