Superior Court of Pennsylvania April 13, 1978, Appeal 2176 (Commonwealth v. Marzik)

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United States · · · 13-04-1978

*505PRICE, Judge,

dissenting:

I dissent on two grounds. I do not read the supreme court’s per curiam order of September 21, 1977, as adopting Judge Spaeth’s dissenting opinion in Commonwealth v. McCusker, 245 Pa.Super. 402, 369 A.2d 465 (1976).

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