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COM. v. KENNEDY

309 Pa.Super. 300 (1983)

455 A.2d 169

COMMONWEALTH of Pennsylvania v. William KENNEDY, Appellant.

Superior Court of Pennsylvania.

Filed January 21, 1983.

Attorney(s) appearing for the Case

Robert S. Robbins, Philadelphia, for appellant.

Sarah Vandenbraak, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before WICKERSHAM, McEWEN and POPOVICH, JJ.

McEWEN, Judge:

We here consider an appeal from a judgment of sentence imposed after appellant was convicted by a jury of simple and aggravated assault and sentenced to a term of probation for two years. We vacate the judgment of sentence and remand for a new trial.

This case arises out of an altercation which occurred at approximately 3:30 a.m. in the Kensington section of Philadelphia, and involved the occupants of two cars. The driver

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