COM. OF PA V. M. SMILEY APT. (Per Curiam Order)

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[J-132-99] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : MARTIN DAVID SMILEY, : : Appellant : No. 31 W. D. Appeal Docket 1999 Appeal from the Order of the Superior Court entered July 30, 1998, at No. 1404PGH97, affirming the Judgment of Sentence of the Court of Common Pleas of Erie County, Criminal Division, entered May 19, 1997, at No. 00777 of 1996 Argued: September 14, 1999 ORDER PER CURIAM: DECIDED: OCTOBER 4, 1999 Appeal dismissed as having been improvidently granted. Messrs. Justice Zappala and Saylor dissent.

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