August 7, 1967
Indictment charging defendant with assault and battery, assault and battery upon a police officer in making an arrest, and unlawfully resisting an officer in making an arrest.
Elizabeth L. Green and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant; John A. McMenamin, 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.
Before Chudoff, J.
Judgment of sentence affirmed.
MONTGOMERY, J., dissented and would remand for the purpose of resentence under § 314 of the Act of 1939, P.L. 872, as amended, 18 P.S. § 4314(pp).
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