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COM. v. MONARCH

330 Pa.Super. 165 (1984)

479 A.2d 491

COMMONWEALTH of Pennsylvania, Appellant, v. James G. MONARCH.

Supreme Court of Pennsylvania.

Filed June 1, 1984.

Reargument Denied August 14, 1984.

Petition for Allowance of Appeal Granted February 27, 1985.

Attorney(s) appearing for the Case

William G. Martin, Jr., Assistant District Attorney, Franklin, for Commonwealth, appellant.

Oliver J. Lobaugh, Seneca, for appellee.

Before WIEAND, TAMILIA and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal by the Commonwealth from the Order of the Court of Common Pleas of Venango County (per President Judge William E. Breene) granting appellee's, James G. Monarch's, Motion for a New Trial.1 We reverse.

At the outset, it requires mentioning that the Commonwealth assails the propriety of the post-trial motion judge's ruling, which is, in essence, a reversal of his earlier decision denying counsel...

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