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COM. v. JOHNSON

323 Pa.Super. 33 (1983)

470 A.2d 115

COMMONWEALTH of Pennsylvania v. Dwayne JOHNSON, Appellant.

Supreme Court of Pennsylvania.

Filed December 16, 1983.

Petition for Allowance of Appeal Granted March 26, 1984.

Attorney(s) appearing for the Case

John W. Packel, Chief Appeals Assistant Public Defender, Jeffrey P. Shender, Assistant Public Defender, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, President Judge, and HESTER and LIPEZ, JJ.

SPAETH, President Judge:

This is an appeal from judgments of sentence for rape and related offenses. Appellant argues that the trial court erred in not granting use immunity to a proposed defense witness.1 The trial court held that only the Attorney General or a district attorney could request an immunity order, and that since here there had been no such request, no order could issue. This was error. The court itself, upon appropriate...

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