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COMMONWEALTH v. LITTLE (09/05/67)

decided: September 5, 1967.

COMMONWEALTH
v.
LITTLE, APPELLANT



Appeals from judgment of Court of Quarter Sessions of Philadelphia County, March T., 1964, Nos. 255 and 256, in case of Commonwealth of Pennsylvania v. Lacey P. Little.

COUNSEL

John H. Lewis, Jr., for appellant.

Benjamin H. Levintow, 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., concurs in this dissent.

Author: Per Curiam

[ 210 Pa. Super. Page 419]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

I respectfully dissent.

In April, 1964, appellant Lacey Little was tried and convicted of aggravated robbery and related offenses. On the denial of motions for a new trial and in arrest of judgment, he was sentenced to seven and a half to fifteen years imprisonment. No further proceedings occurred in his case until March, 1966. At that time, he petitioned for post-conviction relief on the ground that his appointed counsel had refused to perfect an appeal on his behalf. The petition was granted, and Little was permitted to take this appeal "nunc pro tunc."

[ 210 Pa. Super. Page 420]

At the 1964 trial, a police officer was permitted to testify, over objection, that the complainant confronted the defendant while in police custody and explicitly accused the defendant of ...


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