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COMMONWEALTH v. MORTON (06/13/68)

decided: June 13, 1968.

COMMONWEALTH
v.
MORTON, APPELLANT



Appeals from judgments of sentence of Court of Quarter Sessions of Philadelphia County, Oct. T., 1967, Nos. 375 and 377, in case of Commonwealth of Pennsylvania v. Jay Morton.

COUNSEL

Carolyn E. Temin, Assistant Defender, with her Elizabeth L. Green and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.

Michele C. Greene, Assistant District Attorney, with her Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 212 Pa. Super. Page 229]

Judgments of sentence affirmed.

Disposition

Judgments of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant is appealing his conviction for assault with intent to kill (bill No. 375) and for wantonly pointing a deadly weapon (bill No. 377). He received a sentence of three and one half to seven years on bill No. 375, and a sentence of one year on bill No. 377, the sentences to run consecutively.

Appellant contends that the crime of wantonly pointing a deadly weapon merges into the crime of assault with intent to kill, and therefore, that he has been illegally sentenced on bill No. 377. I agree.

Before reviewing the relevant statutes here involved, it is necessary to briefly set forth the facts of this case.

Three eyewitnesses testified that appellant climbed through an apartment window with a gun. They all testified that he shot a Johnny Campo, and then fled. These witnesses testified that appellant did not shoot ...


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