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COMMONWEALTH v. OWENS (09/18/70)

decided: September 18, 1970.

COMMONWEALTH
v.
OWENS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1969, No. 362, in case of Commonwealth v. James Owens.

COUNSEL

Harold Yaskin and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 217 Pa. Super. Page 284]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion By Spaulding, J.:

I respectfully dissent.

James Owens, appellant, appeals from conviction for aggravated robbery, by a judge sitting without a jury, on April 11, 1969, in Philadelphia County. At the close of the defendant's evidence the Commonwealth requested a continuance in order to present rebuttal testimony. In refusing the motion, the judge stated that he was ready to decide the case without additional testimony. After permitting both sides to present closing arguments, he explained that he had already been persuaded of appellant's guilt before argument. Appellant contends that that was error and requests a new trial.

In his opinion, the judge stated: In a sense it was true that the Court had made up its mind before defendant's attorney presented argument. The Court does not believe, ...


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