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COM. v. BENZ

523 Pa. 203 (1989)

565 A.2d 764

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph E. BENZ, Appellee.

Supreme Court of Pennsylvania.

Decided November 1, 1989.

Attorney(s) appearing for the Case

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Sandra Preuhs, Asst. Dist. Atty., Pittsburgh, for appellant.

Ronald Eisenberg, Chief, Appeals Unit, George S. Leone, Asst. Dist. Atty., Dist. Atty's. Office of Philadelphia County, Philadelphia, amicus curiae, for Pennsylvania Dist. Attys. Ass'n.

John P. Gismondi, Gismondi & Margolis, Pittsburgh, for the private complainant, Laverda Hicks.

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

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

NIX, Chief Justice.

The subject of this discretionary appeal raised by the Commonwealth1 is the Superior Court's order reversing the lower court's disapproval of a private criminal complaint and directing that such a complaint be authorized pursuant to Pa.R.Crim.P. 133. The fundamental issue presented in this appeal is whether a decision not...

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