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COMMONWEALTH v. BOZARTH (12/22/75)

December 22, 1975

COMMONWEALTH
v.
BOZARTH, APPELLANT.



Indictments charging defendant with criminal conspiracy, terroristic threats, unlawful possession of an instrument of crime and burglary. Before HALBERT, J., without a jury. Appeal, No. 999, Oct. T., 1975, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1974, Nos. 94 and 97.

COUNSEL

Elaine DeMasse and John W. Packel, Assistant Defenders, and Benjamin Lerner, Defender, for appellant; Hugh J. Colihan, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence affirmed. See Commonwealth v. Carter, 236 Pa. Superior Ct. 376, 382 344 A.2d 899, 902 (1975).

JACOBS, HOFFMAN, and SPAETH, JJ., dissent for the reasons set forth in the dissent in Commonwealth v. Carter, supra.

19751222

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