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COMMONWEALTH v. WARRICK (08/28/69)

August 28, 1969

COMMONWEALTH
v.
WARRICK, APPELLANT.



Appeals, Nos. 706 and 707, Oct. T., 1969, from judgment of sentence of Court of Common Pleas of Philadelphia County, Oct. T., 1968, Nos. 981 and 982.

COUNSEL

Spencer Ervin, Jr., with him Tate & Ervin, for appellant; James D. Crawford, Assistant District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, him Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Smith, Jr., J.

Opinion PER CURIAM: Judgment of sentence affirmed, and the defendant is directed to appear in the 770 court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part thereof which has not been performed at the time the appeal was made a supersedeas.

MONTGOMERY, J., would grant a new trial.

19690828

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