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COMMONWEALTH v. SMITH (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
SMITH, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1967, No. 826, in case of Commonwealth of Pennsylvania v. David G. Smith, also known as David Freeman.

COUNSEL

John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Jacobs and Hoffman, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 509]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant David G. Smith was convicted by a jury on a charge of burglary. He challenges his conviction on grounds that his rights under the Act of March 15, 1911, P. L. 20, 19 P.S. ยง *fn7111 were violated when the court allowed him to be cross-examined concerning a prior criminal conviction for the burglary.

There were three conflicting versions of the facts leading to appellant's arrest. The police officers involved claimed that when they attempted to enter the burglarized store, appellant tried to prevent ...


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