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COMMONWEALTH v. PIFER (09/11/69)

decided: September 11, 1969.

COMMONWEALTH
v.
PIFER, APPELLANT



Appeal from order of Court of Quarter Sessions of Lancaster County, June T., 1962, Nos. 146, 148, 154, and 254, in case of Commonwealth of Pennsylvania v. Jack B. Pifer.

COUNSEL

Menno B. Rohrer, for appellant.

Henry J. Rutherford, Assistant District Attorney, for Commonwealth, appellee.

Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 215 Pa. Super. Page 125]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

On August 8, 1962, appellant pleaded guilty to bills charging him with public indecency, indecent assault, and assault with intent to ravish. Before he was sentenced, a commission was appointed to examine appellant in accordance with the Act of May 25, 1937, P.L. 808, § 3, as amended (repealed) [hereafter referred to

[ 215 Pa. Super. Page 126]

    as the "Dallas Act"].*fn1 Notice of this examination was given to appellant, his mother and stepfather. Appellant was found to be "mentally defective" and was committed to the State Correctional Institution at Dallas until further order of the court.

Thereafter, the Superintendent at Dallas requested that appellant be transferred under the Act of May 31, 1919, P.L. 356, § 1, as ...


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