Commonwealth v. Rosa M. Hartford, Aplt. (Dissenting Statement)

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(Castille, J. - M.O.) [J-52-99] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee/Cross-Appellant : : : : v. : : : ROSA M. HARTFORD, : : Appellant : : : : Nos. 113 And 114 M.D. Appeal Dockets 1998 Appeal from the Order of the Superior Court entered October 28, 1997 at 88 PHL 97 reversing the order of the Court of Common Pleas of Sullivan County entered December 5, 1996 at No. 95-98 and remanding for a new trial. ARGUED: 4/26/99 DISSENTING STATEMENT MR. JUSTICE CAPPY FILED: AUGUST 18, 1999 I dissent from the decision of the majority to dismiss this matter as having been improvidently granted. I would reach the issues as presented because I have grave doubts whether 18 Pa.C.S.§2904(a) was intended to apply to factual situations such as those presented in this case. Madame Justice Newman joins this Dissenting Statement.

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