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COMMONWEALTH v. WARNER (09/11/69)

decided: September 11, 1969.

COMMONWEALTH
v.
WARNER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, June T., 1968, No. 195, in case of Commonwealth of Pennsylvania v. Dan Philip Warner.

COUNSEL

Lois Forer, with her Michael J. Perezous, and Xakellis, Perezous & Mongiovi, for appellant.

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

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

Author: Per Curiam

[ 215 Pa. Super. Page 186]

Judgment of sentence affirmed, and the defendant is directed to appear in the 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 had not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

[ 215 Pa. Super. Page 187]

In April 1968 appellant, Dan Philip Warner, was arrested on a charge of public indecency after exposing himself to two females at a bus stop.

Appellant is mentally retarded. At the time of his arrest he was nineteen years old and had no prior criminal record. For several years he received vocational and extensive rehabilitative training from the Pennsylvania Department of Labor and Industry. He has taken a battery of intelligence, aptitude, achievement, and personality tests. He has also been under the care of a private psychiatrist and the Lancaster Guidance Clinic. Prior to the trial ...


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