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EAGEN, Chief Justice, concurring.
Since the direct appeal in this case was decided prior to the decision in Commonwealth v. Rose, 457 Pa. 380, 321 A.2d 880 (1974), but subsequent to the decision in Commonwealth v. Winebrenner, 439 Pa. 73, 265 A.2d 108 (1970), I agree a new trial is warranted here. Cf. Commonwealth v. Lynch, 477 Pa. 390, 383 A.2d 1263 (1978).
Document Info
Docket Number: Nos. 213 and 222
Citation Numbers: 483 Pa. 335, 396 A.2d 1197
Judges: Because, Brien, Eagen, Former, Issue, Larsen, Manderino, Nix, Pomeroy, Preserved, Roberts
Filed Date: 1/24/1979
Precedential Status: Precedential
Modified Date: 2/17/2022