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COMMONWEALTH v. MCCRAY (06/16/67)

decided: June 16, 1967.

COMMONWEALTH
v.
MCCRAY, APPELLANT



Appeals from judgment of Court of Quarter Sessions of Philadelphia County, Dec. T., 1965, Nos. 794 to 799, inclusive, and April T., 1965, Nos. 241 and 242, in case of Commonwealth of Pennsylvania v. Robert McCray.

COUNSEL

Victor S. Jaczun, Assistant Defender, with him Leonard Packel, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Homer Cook Grasberger, 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.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 210 Pa. Super. Page 69]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

I respectfully dissent.

Appellant McCray was tried by the court below, sitting without a jury, on six bills of indictment charging criminal false pretenses. He was convicted and sentenced to from two to five years on each bill, the sentences to run consecutively.

In July, 1965, the appellant represented himself to certain individuals as an officer of the Philadelphia Anti-Poverty Action Committee. He stated that he was authorized to hire workers, who would be paid by the Committee for their services. As a result of these representations, which are concededly false, ...


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