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249 Pa. Super. 459

Commonwealth v. Clark

Superior Court of Pennsylvania

Decided October 6, 1977

Superior Court of Pennsylvania · decided 1977-10-06

Cited by 2 later decisions — most recently October 1977

2 state decisions

Relies on 249 Pa. Super. 451 - Commonwealth v. Van Wright

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-06

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HOFFMAN, Judge:

¶1Appellant contends that the lower court erred in refusing to read his requested instruction on the issue of alibi. Appellant’s co-defendant raised an identical claim in Commonwealth v. Van Wright, 249 Pa.Super. 451, 378 A.2d 382 (1977), in which we reversed the judgment of sentence and granted the co-defendant a new trial. Therefore, for the reasons stated in Commonwealth v. Van Wright, we reverse appellant’s judgment of sentence and grant a new trial.

¶2Judgment of sentence vacated and new trial granted.

CERCONE, J., concurs in the result.
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