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COM. v. LUCKENBAUGH

520 Pa. 75 (1988)

550 A.2d 1317

COMMONWEALTH of Pennsylvania, Appellant, v. James LUCKENBAUGH.

Supreme Court of Pennsylvania.

Decided December 9, 1988.

Attorney(s) appearing for the Case

Michael J. Garfield, 1st Asst. Dist. Atty., William E. McDonald, Jim Thorpe, for appellant.

Stephen P. Vlossak, Jim Thorpe, for appellee.

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

Prior Report: 356 Pa.Super. 355, 514 A.2d 896 (1986).

ORDER

PER CURIAM:

Order of Superior Court reversed. See Commonwealth v. Passaro, 504 Pa. 611, 476 A.2d 346 (1984).

ZAPPALA, J., files a dissenting statement.

ZAPPALA, Justice, dissenting.

I would affirm the order of the Superior...

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