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COM. v. BRITTON
Supreme Court of Pennsylvania.
Mar 31, 1986
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ORDER
PER CURIAM.
Appeal dismissed as having been improvidently granted.
ZAPPALA, J., files a dissenting statement.
ZAPPALA, Justice, dissenting.
Not only would I reach the merits of this appeal, but I would reverse the Appellant's conviction and grant him a new trial. It is clear from the record that the trial judge exceeded his proper duty by his extensive interrogation of the Appellant. Commonwealth v. Myma, 278 Pa. 505, 123 A. 486 (1924). See Commonwealth v. Britton, 334 Pa. Super. 203, 222, 482 A.2d 1294, 1304 (1984) (dissenting opinion of Spaeth, P.J.).
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