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COM. v. MITCHELL

270 Pa.Super. 146 (1979)

411 A.2d 221

COMMONWEALTH of Pennsylvania, v. William Harvey MITCHELL, Appellant.

Superior Court of Pennsylvania.

Filed September 28, 1979.

Attorney(s) appearing for the Case

Margaret H. Poswistilo, Assistant Public Defender, Easton, for appellant.

John E. Gallagher, District Attorney, and with him Allan B. Goodman, Assistant District Attorney, Easton, for Commonwealth, appellee.

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

CERCONE, President Judge:

Appellant, William Harvey Mitchell, and a co-defendant, Gordon R. Johnson, were each charged with separate counts of burglary,1 criminal attempt,2 and conspiracy.3 Following a joint jury trial, Johnson4 was found guilty of all charges while appellant was acquitted of burglary and criminal

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