May 28, 1959
Appeal, No. 350, Jan. T., 1958, from order of Superior Court, Oct. T., 1958, No. 322, quashing appeal from Court of Quarter Sessions of Berks County, March T., 1958, No. 32, in case of Commonwealth of Pennsylvania v. Abraham Minker. Order affirmed; reargument refused July 10, 1959. Proceedings on petition to quash indictment. Petition by defendant to quash indictment dismissed, before SHANAMAN, P.J., and READINGER, J. Defendant appealed to Superior Court which quashed appeal, order per curiam, dissenting opinions by GUNTHER and WATKINS, JJ. Appeal to Supreme Court allowed.
Jacob Kossman, with him Samuel R. Liever, for appellant.
Victor Wright, Deputy Attorney General, with him Thomas D. McBride, Attorney General, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones and Cohen, JJ.
[ 396 Pa. Page 278]
OPINION BY MR. JUSTICE BELL
This appeal raises the same questions as were raised in Commonwealth v. Fudeman, and for the reasons set forth in that opinion, which is reported in 396 Pa. 236, 152 A.2d 428, the Order of the Superior Court quashing the appeal is affirmed.
Mr. Justice MCBRIDE took no part in the consideration or decision of this case.
ING OPINION BY MR. JUSTICE MUSMANNO:
This appeal raises the same questions discussed in Commonwealth v. Fudeman, and, for the reasons set forth in my Dissenting Opinion in that case, I would reverse the order of the Superior Court quashing the appeal in this case.
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