June 12, 1969
Appeals, Nos. 1131 and 1132, Oct. T., 1968, from order of Court of Common Pleas of Philadelphia County,
Charles F. G. Smith, for appellant; James D. Crwford, Assistant District Attorney, with him Roger F. Cox, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Before Kallick, J.
HOFFMAN, J., dissents for the reasons stated in his dissenting opinion in Commonwealth v. Small, 211 Pa. Superior Ct. 481, 240 A.2d 386 (1968), affirmed per curiam by the Supreme Court at 434 Pa. 497, 254 A.2d 509 (1969).
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