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COMMONWEALTH v. MILLHOUSE

239 Pa.Super. 445 (1976)

Commonwealth v. Millhouse, Appellant. Commonwealth, Appellant, v. Millhouse.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

Gerald A. Stein, with him Abraham T. Needleman, and Needleman, Needleman, Tabb & Eisman, for appellant at No. 718 and appellee at No. 954.

James Garrett, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellant at No. 954 and appellee at No. 718.

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

OPINION BY HOFFMAN, J., March 29, 1976:

The instant case is a consolidation of two appeals. In No. 718, October Term, 1975, certified to this Court pursuant to the Appellate Court Jurisdiction Act,1 the appellant, defendant in the court below, ("appellant" herein), contends that Rule 11002 requires dismissal of the charges against him. In No. 954, October Term, 1975, the Commonwealth challenges the lower court...

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