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COMMONWEALTH v. KLINGER (11/12/69)

decided: November 12, 1969.

COMMONWEALTH
v.
KLINGER, APPELLANT



Appeal from judgment of sentence and order of Court of Quarter Sessions of Northumberland County, Sept. T., 1955, No. 64, in case of Commonwealth of Pennsylvania v. Stanley L. Klinger.

COUNSEL

Myron M. Moskowitz, for appellant.

F. W. Rice, First Assistant 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

[ 215 Pa. Super. Page 506]

Judgment of sentence and order affirmed.

Disposition

Judgment of sentence and order affirmed.

Dissenting Opinion by Hoffman, J.:

In 1955, appellant pleaded guilty to an indictment charging him with rape, before the Court of Quarter Sessions (now the Court of Common Pleas, Criminal Division) of Northumberland County. He was sentenced to one day to life under the Barr-Walker Act, Act of January 8, 1952, P. L. (1951) 1851. Pursuant to that sentence, he was incarcerated at the Farview State Hospital at Waymart.

In 1968, the Barr-Walker Act having been held constitutionally invalid,*fn1 the Court of Quarter Sessions vacated sentence. Pursuant to the Mental Health and Mental Retardation Act of 1966, Act of October 20, 1966, Special Sess. No. 3, P. L. 96, art. IV, § 410, 50 P.S. § 4410, the Court deferred resentencing and ordered appellant examined for mental disability at the Danville State Hospital.*fn2

[ 215 Pa. Super. Page 507]

Danville found appellant "alert, oriented and cooperative. He showed no evidence of perceptual distortions such as hallucinations. His stream of though[t] was logical, relevant and coherent. There was no evidence of any abnormal behavior . . ." Appellant was given physical and neurological examinations and was found to be "within normal limits." His psychological tests placed him in the "mildly mentally retarded group" or the "dull normal group." Appellant's Rorschach test revealed "several schizophrenic-like features but the testing as a whole was not 'typically' schizophrenic." The "schizophrenic-like features" ...


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