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COM. v. BAKER

287 Pa.Super. 39 (1981)

429 A.2d 709

COMMONWEALTH of Pennsylvania, Appellant, v. Joe Allen BAKER.

Superior Court of Pennsylvania.

Filed May 15, 1981.

Attorney(s) appearing for the Case

C. Joseph Rehkamp, District Attorney, New Bloomfield, for Commonwealth, appellant.

Daniel W. Stern, New Bloomfield, for appellee.

Before CERCONE, President Judge, and WATKINS and MONTGOMERY, JJ.

CERCONE, President Judge:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas in Perry County which granted the defendant's motion for a demurrer. Finding the Commonwealth's contentions to be without merit, we affirm the decision of the court below for the reasons stated by the Honorable Keith B. Quigley, President Judge, in his opinion of August 29, 1979.

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