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COM. v. HARPER

512 Pa. 155 (1986)

516 A.2d 319

COMMONWEALTH of Pennsylvania, Appellant, v. Wesley Leon HARPER, Appellee.

Supreme Court of Pennsylvania.

Decided October 16, 1986.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Robert B. Lawler, Chief/Appeals Div., Gaele M. Barthold, Chief/Prosecution Appeals, Ann C. Lebowitz, Philadelphia for appellant.

Frank A. Mayer, III, Cheltenham for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PER CURIAM.

We hold that our decision in Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981), does not have retroactive application beyond those cases which were on direct appeal when Tarver was decided, for the reasons set forth in Mr. Justice Papadakos' opinion in this case. Since Tarver is not applicable to the present case, the majority does...

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