Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1956, No. 1477 and Jan. T., 1962, Nos. 409, 410, and 411, in case of Commonwealth of Pennsylvania v. Jesse James Pugh.
David Rudovsky and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.
Joan B. Duncan, Assistant District Attorney, 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. Concurring and Dissenting Opinion by Hoffman, J.
[ 217 Pa. Super. Page 388]
Concurring and Dissenting Opinion by Hoffman, J.:
Appellant's convictions on indictment Nos. 409-411, January Term, 1962 raise a question identical in all respects with the appeal in Commonwealth v. Mills, 217 Pa. Superior Ct. 269, 269 A.2d 322 (1970). For the reasons stated in my dissenting opinion in that case, I would vacate judgment of sentence and discharge appellant on these charges.