[J-139-98] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : v. : : : DENNIS J. DUPERT, : : Appellee : :
No. 46 M.D. Appeal Docket 1998 Appeal from the Order of the Superior Court entered on August 22, 1997, at No. 888 Harrisburg 1996, reversing the Order of the Court of Common Pleas of Adams County, Criminal Division, entered on October 16, 1996, at No. CC-732-94 and remanding for a new trial SUBMITTED: July 16, 1998
DECIDED: March 25, 1999
AND NOW, this 25th day of March, 1999, the appeal in the above captioned case is dismissed as improvidently granted.
Madame Justice Newman files a dissenting statement in which Messrs. Justice Zappala and Castille join.