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COMMONWEALTH v. DUNCAN (09/26/72)

decided: September 26, 1972.

COMMONWEALTH
v.
DUNCAN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1971, No. 1876, in case of Commonwealth of Pennsylvania v. Leon Duncan.

COUNSEL

Francis S. Wright, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Robyn Greene, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 222 Pa. Super. Page 554]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant Leon Duncan, having waived a jury trial, was convicted of loitering and prowling by Judge John E. Walsh, Jr., of the Court of Common Pleas of Philadelphia. He appeals from the judgment of sentence, contending that the statute under which he was convicted cannot be interpreted to include the conduct for which he was arrested and that the evidence was insufficient to support his conviction.

The facts of this case are undisputed, the testimony introduced by the Commonwealth being stipulated. At approximately 9:25 ...


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