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COM. v. CLARK

287 Pa.Super. 380 (1981)

430 A.2d 655

COMMONWEALTH of Pennsylvania v. Leroy CLARK, Appellant. COMMONWEALTH of Pennsylvania v. Nathan OWENS, Appellant.

Superior Court of Pennsylvania.

Submitted December 6, 1979.

Filed May 22, 1981.

Attorney(s) appearing for the Case

C. Van Youngman, Philadelphia, for appellant in case no. 83.

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant in case no. 265.

Steven Cooperstein, Assistant District Attorney, Philadelphia, for Commonwealth, appellee in case no. 83.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee in case no. 265.

Before PRICE, WATKINS and HOFFMAN, JJ.

PRICE, Judge:

On October 11, 1977, appellants, Nathan Owens and Leroy Clark, were arrested and charged with robbery, aggravated assault, criminal conspiracy and the possession of an instrument of crime. A joint jury trial was commenced before the Honorable Berel Caesar on April 10, 1978. On April 11, 1978, a mistrial was granted at the urging of both appellants due to a prejudicial question asked by the assistant district attorney, and the jury was dismissed. Thereafter...

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