COM. v. NAGLE


253 Pa.Super. 133 (1978)

384 A.2d 1264

COMMONWEALTH of Pennsylvania v. John Edward NAGLE, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Ralph T. Forr, Jr., Altoona, for appellant.

Thomas G. Peoples, Jr., District Attorney, Altoona, submitted a brief for Commonwealth, appellee.

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


HOFFMAN, Judge:

Appellant contends that the trial court abridged his constitutional right to confront and cross-examine his accusers when it permitted the jury to consider his non-testifying codefendant's confession in determining appellant's guilt. We agree and therefore, grant appellant a new trial.

On July 2, 1975, two men robbed a Sheetz Kwik store at Lexington Avenue and Fourth Street in Altoona, Blair County. On July 15, 1975, a single man robbed a Sheetz...

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