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COMMONWEALTH v. SMITH, et al.

232 Pa.Super. 546 (1975)

Commonwealth, Appellant, v. Smith. Commonwealth, Appellant, v. Myers.

Superior Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

Bernard L. Siegel, First Assistant District Attorney, with him R. Gordon Kennedy, District Attorney, for Commonwealth, appellant.

James R. Dailey, for appellees.

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

OPINION BY CERCONE, J., February 27, 1975:

This is an appeal by the Commonwealth from the order of the court below dismissing criminal charges filed against the appellees, David Smith, and David Patrick Myers.

The stipulated facts giving rise to this appeal are as follows. Both appellees (hereinafter defendants) were charged, before District Justice Stephen Ostrowski, with the crime of receiving stolen property in violation of 18 P.S. § 4817, the property...

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