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COMMONWEALTH v. GREEN ET AL. (09/18/70)

decided: September 18, 1970.

COMMONWEALTH
v.
GREEN ET AL., APPELLANTS



Appeals from orders of Court of Common Pleas of Delaware County, Dec. T., 1968, Nos. 783, 804, 827, 829, 830, 838, 841, 842, 845, 846, 849, 850, 861, 862, 869, and 870, in cases of Commonwealth v. William Oliver Green et al.

COUNSEL

Carmen P. Belefonte, and Kassab, Cherry, Curran & Archbold, for appellants.

Ralph B. D'Iorio, Assistant District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Hoffman, J., dissents and would grant a new trial. Dissenting Opinion by Spaulding, J. Cercone, J., joins in this dissenting opinion.

Author: Per Curiam

[ 217 Pa. Super. Page 289]

Orders affirmed.

Disposition

Orders affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellants, William Oliver Green, David Poteat, Michael Bell, Leroy Barnes, John O. Townsend, Reginald Anderson, Charles Lavender and Richard Clark, appeal from the orders of the Court of Common Pleas of Delaware County dismissing their post-conviction petitions after hearings. Appellants all contend that the guilty pleas upon which their convictions and sentences were based were not knowingly, intelligently and voluntarily entered and that they were denied effective assistance of counsel.

On the afternoon of October 5, 1968, Chester High School played football against Sun Valley High School at Chester High School's field. During the playing of the National Anthem that preceded the contest, some spectators refused to stand, with at least one of the spectators exhorting others to remain seated. At halftime three spectators were assaulted by a man who was shortly thereafter arrested by the Chester police. In arresting him, policemen had to pass through a group of men who surrounded him ...


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