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COMMONWEALTH v. MAYBERRY ET AL. (07/02/73)

SUPREME COURT OF PENNSYLVANIA


decided: July 2, 1973.

COMMONWEALTH
v.
MAYBERRY ET AL., APPELLANTS

Appeals from judgments of Court of Common Pleas, Criminal Division, of Allegheny County, No. 4672 of 1965, in case of Commonwealth of Pennsylvania v. Richard Oliver Joseph Mayberry, Dominick Codispoti, and Herbert Fred Langnes.

COUNSEL

John J. Dean, Assistant Public Defender, with him George H. Ross, Public Defender, for appellants.

J. Kent Culley, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Manderino.

Author: Per Curiam

[ 453 Pa. Page 620]

The judgments of contempt are affirmed.

Disposition

Judgments affirmed.*fn*

Dissenting Opinion by Mr. Justice Manderino:

I dissent because the defendants were entitled to a jury trial. See United States v. Seale, 461 F. 2d 345 (7th Cir. 1972); Commonwealth v. Patterson, 452 Pa. 457, 308 A.2d 90 (1973) (Manderino, J., dissenting).

Disposition FOOTNOTES

* : On December 10, 1973, a petition for a writ of certiorari was granted by the Supreme Court of the United States, limited to certain of the questions presented by the petitioner. On June 26, 1974, the Supreme Court of the United States reversed the judgments as to appellants Codispoti and Langnes and remanded the cause to the Supreme Court of Pennsylvania for further proceedings.

19730702

© 1998 VersusLaw Inc.



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