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COMMONWEALTH v. STEWART (11/05/70)

THE SUPERIOR COURT OF PENNSYLVANIA


November 5, 1970

COMMONWEALTH
v.
STEWART, APPELLANT.

Appeals, Nos. 1328, 1329, and 1330, Oct. T., 1970, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1969, Nos. 297, 298, and 299.

COUNSEL

Jonathan Miller and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, Page 848for appellant; James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Weinrott, J., without a jury.

Opinion PER CURIAM: On appeal No. 1329, October Term, 1970, the judgment of sentence on the robbery conviction (No. 298, August Term, 1969) is vacated and the record remanded for resentence. See Act of June 24, 1939, P.L. 872, § 704, 18 P.S. § 4704.

Judgment of sentence affirmed in appeals at No. 1328, October Term, 1970 (No. 297, August Term, 1969) and No. 1330, October Term, 1970 (No. 299, August Term, 1969).

19701105

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