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COMMONWEALTH v. ALLEN (10/12/71)

decided: October 12, 1971.

COMMONWEALTH
v.
ALLEN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1968, No. 519, in case of Commonwealth of Pennsylvania v. Wilbur Allen.

COUNSEL

David O'Hanesian, and Forsyth, Fowkes & O'Hanesian, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Eagen and Mr. Justice O'Brien join in this dissent.

Author: Per Curiam

[ 445 Pa. Page 157]

Judgment of sentence affirmed. See Com. v. Camm, 443 Pa. 253, 277 A.2d 325 (1971).

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Mr. Justice Roberts:

I must dissent.

Appellant Wilbur Allen was convicted of the unlawful sale and possession of narcotics following trial by jury. Post-trial motions were argued and denied, and on June 13, 1969, appellant was sentenced to a

[ 445 Pa. Page 158]

    term of imprisonment of from 5 to 10 years. The Superior Court affirmed the judgment of sentence, we granted ...


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