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COMMONWEALTH v. BARD (03/15/68)

decided: March 15, 1968.

COMMONWEALTH
v.
BARD, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Philadelphia County, March T., 1965, Nos. 962, 963, and 964, in case of Commonwealth of Pennsylvania v. Leon Bard.

COUNSEL

W. Wallace Dyer, Jr., 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.

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

Author: Per Curiam

[ 211 Pa. Super. Page 479]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant, Leon Bard, and a co-defendant, Melvin Edwards, were jointly tried and convicted of burglary, assault and battery, and aggravated robbery. Appellant and his co-defendant were represented by the same counsel at trial.

During the trial, defense counsel placed Edwards on the stand, and Edwards gave exculpatory statements. After Edwards was cross-examined, defense counsel announced that defense rested. The following colloquy then occurred:

"Court: Now, you are not calling the ...


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