COM. v. BECKER


337 Pa.Super. 467 (1985)

487 A.2d 40

COMMONWEALTH of Pennsylvania v. George W. BECKER, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed January 18, 1985.


Attorney(s) appearing for the Case

Alan M. Cashman, Hanover, for appellant.

Thomas L. Kearney, III, Assistant District Attorney, York, for Commonwealth, appellee.

Before SPAETH, President Judge, and CIRILLO and CERCONE, JJ.


SPAETH, President Judge:

This is an appeal from an order denying a motion for a new trial on the ground of after-discovered evidence. The order was entered by a judge other than the trial judge. This was contrary to Pa.R.Crim.P. 1123(e). We therefore remand for further proceedings before the trial judge consistent with this opinion, with this court retaining jurisdiction meanwhile.

On January 18, 1982, a jury, with MILLER, J., presiding, found appellant guilty...

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