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COM. v. VARGAS

705 A.2d 1297 (1998)

COMMONWEALTH of Pennsylvania, Appellant v. Roberto VARGAS.

Supreme Court of Pennsylvania.

Decided February 27, 1998.

Attorney(s) appearing for the Case

Catherine Marshall, Helen Kane, Philadelphia, for Com., appellant.

Daniel Paul Alva, Philadelphia, for appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

Prior Report: 451 Pa.Super. 657, 679 A.2d 852.

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

CASTILLE and NEWMAN, JJ., file dissenting statements.

CASTILLE, Justice, dissenting.

The issue raised in this matter is whether the Superior Court erroneously remanded this matter to the trial court where the trial court refused to allow appellee to delay the start of the second day of his trial in...

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