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COM. v. BARBER

250 Pa.Super. 427 (1977)

378 A.2d 1011

COMMONWEALTH of Pennsylvania v. David BARBER, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Mitchell S. Lipschutz, Philadelphia, for appellant.

James J. Wilson, Assistant District Attorney, Philadelphia, with him F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

Appellant must be awarded a new trial because of a violation of the rule of Commonwealth v. Vivian, 426 Pa. 192, 231 A.2d 301 (1967).

At trial appellant took the stand. At the close of direct examination the court ordered a ten-minute recess, whereupon the following interchange occurred:

MR. YASKIN [Defense Counsel]: If the Court pleases during this recess I would like to have the opportunity,...

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