Commonwealth v. Marcozzi

Full title: COMMONWEALTH of Pennsylvania, Appellant, v. Raymond J. MARCOZZI

Court: Supreme Court of Pennsylvania

Date published: Apr 28, 1977

368 A.2d 269 (Pa. 1977)

368 A.2d 269

Opinion

Submitted January 18, 1977.

Decided April 28, 1977.

Appeal No. 58 January Term 1976, from the Order of Court of Common Pleas, Criminal Division of Lebanon County, at Action No. 434, 1974. No. 58 filed in Superior Court April 3, 1975; G. Thomas Gates, Judge.

David J. Brightbill, Asst. Dist. Atty., John L. Heaton, Asst. Atty. Gen., for appellant.

Harry W. Reed, Jr., Lebanon, for appellee.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

PER CURIAM:

The order in the above captioned appeal is vacated and the case is remanded to the Court of Common Pleas of Lebanon County for consideration in light of Commonwealth v. Levesque, 469 Pa. 118, 364 A.2d 932 (1976). See also, Commonwealth v. Guerry, 469 Pa. 20, 364 A.2d 700 (1976).

JONES, former C. J., did not participate in the decision or consideration of this case.