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COM. v. LOWERY

501 Pa. 124 (1983)

460 A.2d 720

COMMONWEALTH of Pennsylvania, Appellant, v. Anthony LOWERY, Appellee.

Supreme Court of Pennsylvania.

Decided May 25, 1983.

Reargument Denied July 12, 1983.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Gaele McLaughlin, Barthold, Asst. Dist. Atty., for appellant.

Leonard S. Wissow, Philadelphia, for appellee.

Before ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION OF THE COURT

PER CURIAM.

This appeal must be quashed. The dual position of the District Attorney as counsel for appellee on the suppression matter prior to his assuming that office, followed by his office's direct attack in this appeal on the adequacy of his own defense with respect to the suppression issue now before us poses a clear conflict of interest in violation of Canons 5 and 9 of the Pennsylvania...

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