Commonwealth v. Clark, 378 A.2d 386

HOFFMAN, Judge:

Appellant 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.

Judgment of sentence vacated and new trial granted.

CERCONE, J., concurs in the result.

Case Details

Case Name: Commonwealth v. Clark

Court Name: Superior Court of Pennsylvania

Date Published: Oct 6, 1977

Citations: 378 A.2d 386; 249 Pa. Super. 459; 1977 Pa. Super. LEXIS 2522; Appeal, No. 1566

Docket Number: Appeal, No. 1566

Court Abbreviation: Pa. Super. Ct.