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COM. v. SEXTON

485 Pa. 17 (1979)

400 A.2d 1289

COMMONWEALTH of Pennsylvania v. Warren SEXTON, Appellee.

Supreme Court of Pennsylvania.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Deputy Dist. Atty., Gaile McLaughlin Barthold, Asst. Dist. Atty., Philadelphia, for appellant.

John W. Packel, Chief, Appeals Div., Asst. Public Defender, Steven A. Monley, Asst. Public Defender, Philadelphia, for appellee.

Before EAGEN, C.J., and ROBERTS, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

NIX, Justice.

The pivotal issue in this case is whether an identification made during a certification hearing1 should be excluded because of the court's denial of a prior request by the defense for a pre-hearing lineup. We granted the Commonwealth's request for review to answer the difficult question as to under what circumstances, if any, an accused is entitled to a pre-hearing lineup, and the subsidiary...

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