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COMMONWEALTH v. THOMPSON (03/18/71)

decided: March 18, 1971.

COMMONWEALTH
v.
THOMPSON, APPELLANT



Appeal from order of Superior Court, Oct. T., 1969, No. 1071, affirming order of Court of Common Pleas of Berks County, Sept. T., 1968, No. 267, in case of Commonwealth of Pennsylvania v. William L. Thompson.

COUNSEL

Darlington Hoopes, with him Hoopes and Hoopes, for appellant.

Grant E. Wesner, Assistant District Attorney, with him Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Eagen filed a dissenting opinion, in which Mr. Justice Roberts joined. Mr. Justice Cohen took no part in the decision of this case. Dissenting Opinion by Mr. Justice Eagen. Mr. Justice Roberts joins in this dissenting opinion.

Author: Per Curiam

[ 442 Pa. Page 617]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Mr. Justice Eagen:

The appellant in this case, William L. Thompson, following his conviction of assault and battery on a police

[ 442 Pa. Page 618]

    officer was sentenced to pay a fine of $400 and to serve a term of 2 to 12 months in prison.*fn1

According to the testimony, Thompson and two companions, after a confrontation on a public street with the officer involved, were informed they were under arrest for disorderly conduct and loitering. Thompson, protesting his innocence, entered his automobile and attempted to leave the scene. The officer, in order to prevent Thompson's departure, reached in the automobile to take possession of the keys of the automobile ...


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