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COM. v. McCRACKEN

373 Pa.Super. 90 (1988)

540 A.2d 537

COMMONWEALTH of Pennsylvania, Appellant, v. Terrence McCRACKEN, Jr. COMMONWEALTH of Pennsylvania v. Terrence McCRACKEN, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed March 1, 1988.

Reargument Denied May 12, 1988.

Attorney(s) appearing for the Case

Dennis C. McAndrews, Assistant District Attorney, Wayne, for Com., appellant (at 318PHL87) and appellee (at 777PHL87).

John G. McDougall, Philadelphia, for appellant (at 777PHL87) and appellee (at 318PHL87).

Before McEWEN, OLSZEWSKI and HOFFMAN, JJ.

HOFFMAN, Judge:

These are cross-appeals from the order below that (1) granted appellee and cross-appellant Terrence McCracken a new trial, and (2) directed that McCracken's counsel "shall be available as a witness at the new trial . . . and shall not represent [McCracken] at the new trial." Appellant, the Commonwealth, contends that the court erred in granting McCracken a new trial because the evidence upon which...

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