Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1933, No. 740 and Nov. T., 1938, No. 310, in case of Commonwealth of Pennsylvania v. Joseph Havel.
Francis Wright and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.
George J. D'Ambrosio and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.
[ 217 Pa. Super. Page 389]
Dissenting Opinion by Hoffman, J.:
For the reasons stated in my dissenting opinion in Commonwealth v. Sheehan, 216 Pa. Superior Ct. 26, 260 A.2d 496 (1969), I would reverse the order of the lower court and order a new trial.