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COM. v. MCILVAINE

529 Pa. 381 (1992)

603 A.2d 1021

COMMONWEALTH of Pennsylvania v. Carl Edwin McILVAINE, Appellant.

Supreme Court of Pennsylvania.

Decided March 20, 1992.

Attorney(s) appearing for the Case

Bruce A. Antkowiak, Greensburg, for appellant.

John C. Pettit, Dist. Atty., Bradley M. Bassi, Penny A. Paxton, Asst. Dist. Attys. and Dennis M. Makel, Washington, for appellee.

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

ORDER

PER CURIAM:

Order of Superior Court reversed. See Commonwealth v. Seese, 512 Pa. 439, 517 A.2d 920 (1986).

LARSEN, J., files a dissenting opinion in which PAPADAKOS, J., joins.

McDERMOTT, J., dissents.

LARSEN, Justice, dissenting.

I strenuously dissent from the travesty of "justice" being perpetrated herein. Erroneous and blind adherence to formula...

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