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COM. v. McCAIGUE

304 Pa.Super. 548 (1982)

450 A.2d 1374

COMMONWEALTH of Pennsylvania v. Richard T. McCAIGUE, Appellant.

Superior Court of Pennsylvania.

Filed September 24, 1982.

Attorney(s) appearing for the Case

D. Bruce Cahilly, Coudersport, for appellant.

Thur W. Young, District Attorney, Coudersport, for Commonwealth, appellee.

Before HESTER, DISALLE and MONTGOMERY, JJ.

HESTER, Judge:

We refer to our Opinion in the companion appeal, Commonwealth v. Richard T. McCaigue, ___ Pa.Super. ___, 451 A.2d 8, Opinion filed on September 24, 1982. The instant appeal concerns the Order of the Court of Common Pleas of Potter County, dated July 3, 1980, whereby the Honorable Harold B. Fink, President Judge, concluded ". . . that an impartial jury could not be impaneled from the eligible and available residence...

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