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221 Pa. Super. 482

Commonwealth v. Fleischman

Superior Court of Pennsylvania

Decided June 16, 1972

Superior Court of Pennsylvania · decided 1972-06-16

Relies on Commonwealth v. Shaw

Decided 1972-06-16

¶1Opinion by

Hoffman, J.,

¶2Appellant was a co-defendant of Paul Fleming whose case was decided by this Court this even date. See Commonwealth v. Fleming, 221. Pa. Superior Ct. 481, 291 A. 2d 874 (1972).

¶3Appellant took the same position as did Fleming with respect to the suppression of evidence against him at trial, and he is likewise entitled to a new trial under the authority of Commonwealth v. Shaw, 444 Pa. 110, 281 A. 2d 897 (1971).

¶4The judgment of sentence is vacated and a new trial is ordered.

Watkins, J., dissents.
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