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COMMONWEALTH v. MURRAY (03/19/70)

decided: March 19, 1970.

COMMONWEALTH
v.
MURRAY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Montgomery County, Nov. T., 1966, No. 414, in case of Commonwealth of Pennsylvania v. Priscilla Rickanbach, and Peggy Ann Murray.

COUNSEL

Joseph F. Busacca, with him Mesirov, Gelman, Jaffe & Levin, for appellant.

Richard A. Devlin, Assistant District Attorney, with him Stewart J. Greenleaf, Assistant District Attorney, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 216 Pa. Super. Page 255]

Judgment of sentence affirmed, and the defendant is directed to appear in the court below at such time as she may be there called, and that she be by that court committed until she has complied with the sentence, or any part thereof which has not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Montgomery County in which appellant Peggy Ann Murray was found guilty of burglary and larceny after trial by jury.

The facts of the case are set forth in the lower court opinion as follows:

"[D]efendants Murray and Rickanbach, in company with Mrs. Kathleen Mae Smith Smoluk, hereafter referred to as ...


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