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COMMONWEALTH v. WAGNER (10/26/77)

October 26, 1977

COMMONWEALTH
v.
WAGNER, APPELLANT.



COUNSEL

E. Franklin Martin, Assistant Public Defender, for appellant; William C. Cramer, Assistant District Attorney, and John R. Walker, District Attorney, for Commonwealth, appellee.

Per Curiam: Judgment of sentence affirmed. HOFFMAN and SPAETH, JJ., dissent based on the dissenting opinion by HOFFMAN, J., in Commonwealth v. Stortecky, 238 Pa. Super. 117, 352 A.2d 491 (1975).

19771026

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