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COMMONWEALTH v. GRECO

465 Pa. 400 (1976)

350 A.2d 826

COMMONWEALTH of Pennsylvania, Appellant at No. 620, v. Paul Anthony GRECO, Appellant at No. 621.

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Attorney(s) appearing for the Case

Milton O. Moss, Dist. Atty., Stewart J. Greenleaf, Asst. Dist. Atty., Chief, Appeals Div., Bernard A. Moore, J. David Bean, Asst. Dist. Attys., Norristown, for appellant at No. 620 and appellee at No. 621.

Dennis H. Eisman, Gerald A. Stein, Needleman, Needleman, Tabb & Eisman, Philadelphia, for appellant at No. 621 and appellee at No. 620.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, NIX and MANDERINO, JJ.

OPINION

MANDERINO, Justice.

Appellant, Paul Anthony Greco, was tried and convicted by a jury of violation of the Drug Device and Cosmetic Act of Sept. 26, 1961, P.L. 1664, § 1 et seq., 35 P.S. § 780-1 et seq. He appealed, and the Superior Court reversed and ordered a new trial because of testimony by a prosecution witness which referred to appellant's exercise of his constitutional right to remain silent. Commonwealth v. Greco,

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