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COMMONWEALTH v. SAUNDERS (04/15/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: April 15, 1971.

COMMONWEALTH
v.
SAUNDERS, APPELLANT

Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Feb. T., 1969, No. 50, in case of Commonwealth of Pennsylvania v. Robert E. Saunders.

COUNSEL

John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, 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 183]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 218 Pa. Super. Page 184]

Dissenting Opinion by Hoffman, J.:

Appellant was convicted in federal district court for the armed robbery of a savings and loan institution. Subsequently, he was convicted by the Allegheny County Court of Common Pleas for the same robbery.

This conviction raises a question identical in all relevant 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 the judgment of sentence and discharge appellant on this charge.

19710415

© 1998 VersusLaw Inc.



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