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COMMONWEALTH v. HOLTON (11/17/66)

decided: November 17, 1966.

COMMONWEALTH
v.
HOLTON, APPELLANT



Appeals from judgment of Court of Oyer and Terminer, General Jail Delivery, Quarter Sessions of the Peace of Philadelphia County, April T., 1965, Nos. 632 to 635, inclusive, in case of Commonwealth of Pennsylvania v. Charles Holton.

COUNSEL

Bernard L. Segal, First Assistant Defender, with him Herman I. Pollock, Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., absent). Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 209 Pa. Super. Page 22]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 209 Pa. Super. Page 23]

Dissenting Opinion by Hoffman, J.:

Defendant, Charles Holton, was found guilty of rape, burglary, and related charges in July of 1965. This appeal is from the judgment of sentence entered at that time.

After carefully reviewing the testimony, I conclude that defendant should be granted a new trial ...


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