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COM. v. MOORE

523 Pa. 99 (1989)

565 A.2d 156

COMMONWEALTH of Pennsylvania, Appellant, v. Kenneth MOORE, Appellee.

Supreme Court of Pennsylvania.

Decided October 31, 1989.

Attorney(s) appearing for the Case

Mary McNeil Killinger, Chief, Appeals Div., James Staerk, Roslyn, for appellant.

Douglas M. Johnson, Chief, Appeals Div., Joseph Hylou, for appellee.

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

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

STOUT, Former Justice, did not participate in the decision of this case.

McDERMOTT, J., files a dissenting opinion in which LARSEN and PAPADAKOS, JJ., join.

McDERMOTT, Justice, dissenting.

I am unable to concur in the failure of the majority to hear this matter. The record reveals that the police instituted a criminal complaint for the arrest of the appellee...

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