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COMMONWEALTH v. JOHNS (02/05/76)

February 5, 1976

COMMONWEALTH
v.
JOHNS, APPELLANT.



Indictments charging defendant with burlgary and criminal conspiracy. Before ROSENBERG, J., without a jury. Appeal, No. 363, Oct. T., 1975, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1974, No. 914.

COUNSEL

Elaine DeMasse and John W. Packel, Assistant Defenders, and Benjamin Lerner, Defender, for appellant; Arnold L. New, 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.

SPAETH, J., dissents for the reasons given in his dissenting opinion in Commonwealth v. Favors, 227 Pa. Superior Ct. 120, 125-133, 323 A.2d 85, 88-92 (1974).

19760205

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