Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 1106 C.D. of 1972, in case of Commonwealth of Pennsylvania v. Leon Ryland Brown.
David Cohen, with him Harry Lore, and Cohen and Lore, for appellant.
Edwin W. Frese, Jr., Deputy District Attorney, with him Marion E. MacIntyre, Deputy District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Watkins, P.j., and Jacobs and Van der Voort, JJ., dissent.
[ 236 Pa. Super. Page 222]
This case is controlled by our opinion in Commonwealth v. Boyer, 236 Pa. Superior Ct. 214, 345 A.2d 187 (1975), as the appellant, Leon Ryland Brown, was a co-defendant with Harrison Epps Boyer and raises the same issues as those raised in this appeal.
The order of the lower court denying the Motion in Arrest of Judgment and the Judgment of Sentence are reversed and appellant is discharged.
Judgment of sentence reversed and appellant discharged.