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COMMONWEALTH v. ALBRIGHT (12/11/73)

decided: December 11, 1973.

COMMONWEALTH
v.
ALBRIGHT, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, No. 337 of 1972, in case of Commonwealth of Pennsylvania v. Glen Robert Albright.

COUNSEL

Philip M. Cullen and Richard C. Shay, Assistant Public Defenders, for appellant.

Robert A. Longo and Andrew F. Lucarelli, Assistant District Attorneys, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent.) Opinion by Hoffman, J., In Support of Reversal. Watkins and Spaeth, JJ., join in this opinion in support of reversal.

Author: Per Curiam

[ 226 Pa. Super. Page 507]

The six judges who heard this appeal being equally divided, the judgment of sentence is affirmed.

Disposition

Judgment of sentence affirmed.

Opinion by Hoffman, J., In Support of Reversal:

This is an appeal from the judgment of sentence following appellant's conviction by a Lancaster County jury for being an accessory before the fact in an armed robbery.*fn1

The principal in the crime, John Price Getz, testified that he committed the robbery only after being "forced" to do so by threats of personal harm made to him by the appellant, whom he feared. He testified further that appellant planned the robbery and provided him with the means to commit the crime. Appellant

[ 226 Pa. Super. Page 508]

    took the stand in his own defense and directly ...


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