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COMMONWEALTH v. DUKEMAN (06/22/72)

decided: June 22, 1972.

COMMONWEALTH
v.
DUKEMAN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Delaware County, May T., 1970, No. 262, in case of Commonwealth of Pennsylvania v. Edward Dukeman.

COUNSEL

David J. Picker, with him Walter T. ReDavid, and ReDavid, Orlowsky & Natale, for appellant.

O. Warren Higgins, Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 222 Pa. Super. Page 79]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant, Edward Dukeman, was tried by a jury on October 5, 1970 and was convicted of burglary in

[ 222 Pa. Super. Page 80]

    the Court of Common Pleas of Delaware County. Judge Howard ...


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