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COMMONWEALTH of Pennsylvania v. Tommie L. CLARK, Appellant

HOFFMAN, Judge:

Appellant contends that the lower court erred in refusing to read his requested instruction on the issue of alibi. Appellant's co-defendant raised an identical claim in Commonwealth v. Van Wright, 249 Pa. Super. 451, 378 A.2d 382 (1977), in which we reversed the judgment of sentence and granted the co-defendant a new trial. Therefore, for the reasons stated in Commonwealth v. Van Wright, we reverse appellant's judgment of sentence and grant a new trial.

Judgment of sentence vacated and new trial granted.

CERCONE, J., concurs in the result.

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COM. v. CLARK
(Oct 6, 1977)