HOFFMAN, Judge:
Appellant contends that the lower court erroneously instructed the jury that a defendant in a criminal trial bears the burden of proving an alibi defense by a preponderance of the evidence. We agree, and, therefore, grant a new trial.
On August 25, 1973, Mrs. Ann Farrell and her 6 year-old daughter entered a W.T. Grant's department store in Pittston Township, Luzerne County. As Mrs. Farrell was standing
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