Appeals from judgment of sentence of Court of Quarter Sessions of Philadelphia County, June T., 1968, No. 1006, in case of Commonwealth of Pennsylvania v. Kit Watson et al.
Martin A. Ostrow, for appellants.
James D. Crawford, Assistant District Attorney, with him Arlen Specter, 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.
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Judgment of sentence affirmed, and the defendants are directed to appear in the court below at such time as they may be there called, and that they be by that court committed until they have complied with the sentence, or any part thereof which had not been performed at the time the appeal was made a supersedeas.
Judgment of sentence affirmed.
Dissenting Opinion by Hoffman, J.:
Appellants were indicted for loitering and prowling. Act of June 24, 1939, P. L. 872, § 418, as amended, 18 P.S. § 4418.*fn1 Assisted by counsel,*fn2 they were tried before
[ 215 Pa. Super. Page 500]
a judge and found guilty. Each was placed on one year's probation.
Before the lapse of their probationary period, appellants were arrested and charged with burglary. Insufficient evidence forced the charges to be dropped. The Probation Department, however, was notified of appellants' arrest and ...