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COMMONWEALTH v. MOORE (05/17/73)

THE SUPERIOR COURT OF PENNSYLVANIA


May 17, 1973

COMMONWEALTH
v.
MOORE, APPELLANT.

Appeals, Nos. 187 to 189, inclusive, Oct. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1970, Nos. 108 to 110, inclusive.

COUNSEL

Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant; James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before Reed, J.

Opinion PER CURIAM: Appellant was convicted on three bills charging aggravated robbery (No. 108), burglary (No. 109), and carrying a firearm without a license (No. 110, second count), and received concurrent sentences on all convictions. The evidence does not sustain a conviction for violation of the Uniform Firearms Act.

The conviction on Bill No. 110, second count, is vacated and the indictment quashed. The record is remanded to the court below for resentence on the valid convictions. Commonwealth v. Lockhart, 223 Pa. Superior Ct. 60, 65, 296 A.2d 883 (1972).

WRIGHT, P.J. and WATKINS, J., dissent.

19730517

© 1998 VersusLaw Inc.



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