decided: January 7, 1971.
Appeal from order of Superior Court, April T., 1970, No. 9, affirming judgment of sentence of Court of Common Pleas of Washington County, Nov. T., 1968, No. 478, in case of Commonwealth of Pennsylvania v. Robert W. McHenry.
Paul P. Posa, for appellant.
John F. Bell, First Assistant District Attorney, with him Jess D. Costa, District Attorney, for Commonwealth, appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Roberts dissents for the reasons expressed in his dissenting opinion in Commonwealth v. James,
Author: Per Curiam
[ 441 Pa. Page 605]
The order of the Superior Court is affirmed.
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