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COM. v. MELSON

383 Pa.Super. 139 (1989)

556 A.2d 836

COMMONWEALTH of Pennsylvania, Appellant v. William MELSON.

Supreme Court of Pennsylvania.

Filed February 9, 1989.

Reargument Denied April 18, 1989.

Attorney(s) appearing for the Case

Lawrence M. Cherba, Assistant District Attorney, Doylestown, for Com.

Douglas C. Maloney, Langhorne, for appellee.

Before WIEAND, KELLY and HESTER, JJ.

HESTER, Judge:

The Commonwealth appeals an order entered on June 16, 1987, wherein appellee, William "Country" Melson, was granted a new trial following a jury's finding that he was guilty of first degree murder. The trial court issued the order for Melson's new trial based upon post-trial motions which alleged that prior counsel was ineffective in failing to move to suppress identification testimony obtained through

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