October 31, 1974
Appeal, No. 220, Oct. T., 1974, from judgment of sentence of Court of Common Pleas, Trial Division of Philadelphia, Aug. T., 1973, No. 826.
W. Bowe, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant; James J. Wilson, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Before Salus, Jr., J., without a jury.
Reports of cases decided by the Superior Court in which the order, decree, judgment or decision of the court below or of an administrative agency was affirmed or otherwise disposed of without opinion or without extended opinion.
Indictment charging defendant with assault and battery.
OPINION PER CURIAM: The conviction for simple assault and battery is affirmed but since the sentence of three years probation exceeds the statutory limit of two years (Act of June 24, 1939, P.L. 872, § 708, 18 P.S. § 4708, Appendix) the record is remanded for resentence.
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