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COM. v. LEATHERBURY

322 Pa.Super. 222 (1983)

469 A.2d 263

COMMONWEALTH of Pennsylvania v. Michael LEATHERBURY, Appellant.

Supreme Court of Pennsylvania.

Filed December 23, 1983.

Attorney(s) appearing for the Case

Leonard Sosnov, Assistant Public Defender, Philadelphia, for appellant.

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

Before ROWLEY, BECK and MONTEMURO, JJ.

ROWLEY, Judge:

This direct appeal is before us on remand from the Pennsylvania Supreme Court for consideration of (1) appellant's challenge to the sufficiency of the evidence to support his conviction of simple assault and possession of an instrument of crime and (2) appellant's claim that he was prejudiced because the victim did not testify at his non-jury trial. Commonwealth v. Leatherbury, 499 Pa. 450, 451,

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