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COMMONWEALTH v. MULLEN (03/03/76)

March 3, 1976

COMMONWEALTH
v.
MULLEN, APPELLANT.



Indictment charging defendant with conspiracy, receiving stolen goods and conspiracy to cheat and defraud. Before WESSEL, JR., J. Appeal, No. 812, April T., 1975, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Jan. T., 1972, No. 991.

COUNSEL

Thomas A. Livingston, with him Dennis J. Clark, for appellant; Charles W. Johns, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence affirmed and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part thereof which has not been performed at the time the appeal was made a supersedeas.

HOFFMAN and SPAETH, JJ., dissent.

19760303

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