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COMMONWEALTH v. GOODMAN (03/23/71)

decided: March 23, 1971.

COMMONWEALTH
v.
GOODMAN, APPELLANT



Appeal from judgment of sentence of the Court of Common Pleas of Bucks County, Sept. T., 1964, No. 11, in case of Commonwealth of Pennsylvania v. Thomas Goodman.

COUNSEL

Robert A. Godwin, Assistant Public Defender, for appellant.

Stephen B. Harris, Assistant District Attorney, and Ward F. Clark, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 218 Pa. Super. Page 110]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was tried and convicted of burglary and other charges. Although he had not been sentenced, he was incarcerated in the county prison pending a hearing concerning the voluntariness of his confession. While confined, he took part in a prison breach and

[ 218 Pa. Super. Page 111]

    escaped. He was apprehended in Maryland, charged with a crime, and sentenced to a prison term there, which he is presently serving.

While in the Maryland prison appellant requested to be brought back to Pennsylvania to clear up the charges against him. He pleaded guilty to prison breach and was sentenced to five to ten years to commence at ...


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