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COM. v. BARNHART

290 Pa.Super. 182 (1981)

434 A.2d 191

COMMONWEALTH of Pennsylvania, v. Cecil David BARNHART, Appellant.

Superior Court of Pennsylvania.

Filed August 28, 1981.

Attorney(s) appearing for the Case

Alphonse P. Lepore, Jr., Uniontown, for appellant.

Gerard R. Solomon, District Attorney, Uniontown, for Commonwealth, appellee.

Before CERCONE, President Judge, and SHERTZ and WIEAND, JJ.

WIEAND, Judge:

Cecil David Barnhart was tried by jury and was convicted of burglary1 and criminal conspiracy.2 After post trial motions had been denied and sentence imposed, Barnhart appealed on the grounds that (1) the verdict was against the weight of the evidence and (2) that the trial court erred in denying a defense motion for mistrial when a co-conspirator, testifying as a Commonwealth witness, mentioned...

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