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COM. v. MYERS

424 Pa.Super. 1 (1993)

621 A.2d 1009

COMMONWEALTH of Pennsylvania, Appellant, v. Samuel MYERS, Appellee.

Superior Court of Pennsylvania.

Filed February 5, 1993.

Reargument Denied April 2, 1993.

Attorney(s) appearing for the Case

Stephen S. Snook, Asst. Dist. Atty., Lewistown, for Com., appellant.

Michael A. Roselle, Lewistown, for appellee.

Before DEL SOLE, POPOVICH and HUDOCK, JJ.

POPOVICH, Judge:

The Commonwealth asks us to review the order of the Court of Common Pleas of Mifflin County granting the defendant/appellee, Samuel Myers, a new trial pursuant to the Post-Conviction Relief Act.1 We reverse.

On July 19, 1983, the defendant was charged with murder and aggravated assault in the shooting death of one Robert Walters.2 At the completion of the case, the court instructed...

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