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COMMONWEALTH v. COX (06/12/69)

decided: June 12, 1969.

COMMONWEALTH
v.
COX, APPELLANT



Appeal from order of Court of Common Pleas of Philadelphia County, April T., 1958, Nos. 1709 and 1714, and May T., 1958, Nos. 237, 1452, 1453, and 1454, in case of Commonwealth of Pennsylvania v. Samuel Cox.

COUNSEL

A. A. Guarino, for appellant.

Walter W. Cohen and James D. Crawford, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 214 Pa. Super. Page 470]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant and his co-defendant were brought to trial together in 1958 at which time they pleaded guilty to identical indictments. Both were represented by the same court-appointed attorney.

[ 214 Pa. Super. Page 471]

After their pleas were accepted by the court, defense counsel stated by way of mitigation that appellant was twenty years old and his co-defendant was twenty-eight. No other background information was offered. After a short colloquy between the court and the defendants, ...


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