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COM. v. McMILLIAN

431 Pa.Super. 119 (1993)

635 A.2d 1100

COMMONWEALTH of Pennsylvania, Appellant v. Wendell McMILLIAN.

Superior Court of Pennsylvania.

Filed December 16, 1993.

Dissenting Opinion December 27, 1993.

Attorney(s) appearing for the Case

Dennis C. McAndrews, Asst. Dist. Atty., Media, for Com., appellant.

Clinton L. Johnson, Chester, for appellee (submitted).

Before ROWLEY, President Judge, and McEWEN, CIRILLO, OLSZEWSKI, DEL SOLE, BECK, TAMILIA, KELLY and JOHNSON, JJ.

PER CURIAM:

Appeal Quashed. Motion Granted.

BECK, J., filed a dissenting opinion which ROWLEY, President Judge joined.

DEL SOLE, J., concurred in the result.

BECK, Judge, dissenting:

The Commonwealth appeals an order dismissing the criminal charges against appellee. The Commonwealth asserts that the trial judge acted improperly in the following ways: 1) engaging in an ex-parte communication...

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