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COMMONWEALTH v. SOLE ET AL. (11/21/67)

decided: November 21, 1967.

COMMONWEALTH
v.
SOLE ET AL., APPELLANTS



Appeals from judgment of Court of Quarter Sessions of Delaware County, Sept. T., 1966, Nos. 393 and 394, in case of Commonwealth of Pennsylvania v. Pasquale L. Sole et al.

COUNSEL

Robert F. Simone, for appellants.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, John R. Graham, First Assistant District Attorney, and Paul R. Sand, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissent.

Author: Per Curiam

[ 211 Pa. Super. Page 264]

Judgments of sentence affirmed, and the appellants are directed to appear in the court below at such time as they may be there called, and that they be by that court committed until they have complied with the sentences, or any part of them which had not been performed at the time the appeals were made a supersedeas.

Disposition

Judgments affirmed.

Dissenting Opinion by Hoffman, J.:

I respectfully dissent.

Appellants were indicted and convicted of charges of burglary and conspiracy. During the summation to the jury, the assistant district attorney made the following remarks:

"Mr. Hughes: 'Now, from what has happened here, I am of the opinion that it is going to be argued to you that these men were ...


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