Commonwealth v. McDowell (Per Curiam Order)

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[J-174-2004] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : v. : : : ROBERT MCDOWELL, : : Appellee : : : : : No. 20 EAP 2004 Appeal from the Judgment of the Superior Court entered on October 15, 2003 at No. 2901 EDA 2002, reversing and vacating the Order of the Court of Common Pleas of Philadelphia County, Criminal Division, entered on August 21, 2002 at Nos. MC 0110-0338 and MR 02007283 and remanding the case 839 A.2d 1158 (Pa. Super. 2003) (Table) ARGUED: October 18, 2004 ORDER PER CURIAM DECIDED: November 8, 2004 Appeal dismissed as having been improvidently granted. Mr. Justice Castille, Madame Justice Newman and Mr. Justice Eakin dissent and would reach the merits of the case.

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