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COMMONWEALTH v. KELLY (10/27/69)

SUPREME COURT OF PENNSYLVANIA


decided: October 27, 1969.

COMMONWEALTH
v.
KELLY, PETITIONER

Petition for leave to appeal from order of Superior Court, No. 151, April T., 1968, affirming judgment of sentence of Court of Quarter Sessions of Butler County, June T., 1966, No. 121, in case of Commonwealth v. Dennis P. Kelly.

COUNSEL

Dennis P. Kelly, petitioner, in propria persona.

John A. Brydon, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 436 Pa. Page 22]

The order of the Superior Court and the judgment of sentence of the Court of Quarter Sessions of Butler County are vacated; the case is remanded to the Court of Common Pleas of Butler County for further proceedings consistent with the views expressed by Judge Spaulding in his dissenting opinion in Commonwealth v. Kelly, 215 Pa. Superior Ct. 116, 257 A.2d 53 (1969).

Disposition

Allocatur granted; order of Superior Court and judgment of Court of Quarter Sessions of Butler County vacated; case remanded for further proceedings.

19691027

© 1998 VersusLaw Inc.



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