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COMMONWEALTH v. BARTOLOMUCCI

232 Pa.Super. 559 (1975)

Commonwealth v. Bartolomucci, Appellant.

Superior Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

Herman M. Rodgers, with him Rodgers, Marks & Perfilio, for appellant.

Robert F. Banks, First Assistant District Attorney, with him Joseph J. Nelson, District Attorney, for Commonwealth, appellee.

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

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

The sole basis of this appeal is whether the appellant should have undergone a second trial, on a narcotics charge which resulted in his conviction,1 after the jury in the first trial was dismissed before reaching a verdict. The first trial, which lasted only four hours, presented a simple issue of credibility, i.e., whether to believe the...

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