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COM. v. RYAN

523 Pa. 547 (1990)

568 A.2d 179

COMMONWEALTH of Pennsylvania, Appellant, v. Bernard D. RYAN, Appellee.

Supreme Court of Pennsylvania.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Vernon D. Roof, Dist. Atty., Ridgway, for appellant.

Kim W. Riester, Scott, Vogrin & Riester, Pittsburgh, for appellee.

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

OPINION ANNOUNCING JUDGMENT OF THE COURT

McDERMOTT, Justice.

Before the Court for resolution is the appellant Commonwealth's appeal from an order of the Superior Court, 379 Pa.Super. 664, 545 A.2d 388, (memorandum opinion by Watkins and Cercone, JJ., with Olszewski, J., dissenting) which arrested the judgment of sentence and discharged the appellee Bernard D. Ryan. The pertinent facts are as set forth below.

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