Appeal from judgment of sentence of Court of Common Pleas of Susquehanna County, Jan. T., 1969, No. 32, in case of Commonwealth of Pennsylvania v. Peter Fleischman.
George E. Goldstein and Robert M. Rosenblum, for appellant.
Edward P. Little, Jr., District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Hoffman, J. Watkins, J., dissents.
[ 221 Pa. Super. Page 483]
Appellant was a co-defendant of Paul Fleming whose case was decided by this Court this even date. See Commonwealth v. Fleming, 221 Pa. Superior Ct. 481, 291 A.2d 874 (1972).
Appellant took the same position as did Fleming with respect to the suppression of evidence against him at trial, and he is likewise entitled to a new trial under the authority of Commonwealth v. Shaw, 444 Pa. 110, 281 A.2d 897 (1971).
The judgment of sentence is vacated and a new trial is ordered.
Judgment of sentence vacated, and a new trial ordered.