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COMMONWEALTH v. DULANEY (02/05/76)

February 5, 1976

COMMONWEALTH
v.
DULANEY, APPELLANT.



Indictments charging defendant with burglary, theft by unlawful taking or disposition, theft by receiving stolen property and criminal conspiracy. Before MARSHALL, J., without a jury. Appeal, No. 1243, Oct. T., 1975, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1974, No. 658.

COUNSEL

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

Opinion PER CURIAM: Judgment of sentence affirmed.

JACOBS, HOFFMAN and SPAETH, JJ., dissent for the reasons stated in the dissenting opinion in Commonwealth v. Carter, 236 Pa. Superior Ct. 376, 382, 344 A.2d 899, 902 (1975).

19760205

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