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COMMONWEALTH v. DAVENPORT (05/05/78)

May 5, 1978

COMMONWEALTH
v.
DAVENPORT, APPELLANT.



COUNSEL

Anne Skwiersky, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Stephen S. Seeling, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Judgment of sentence affirmed. HOFFMAN and SPAETH, JJ., dissent on the basis of Judge Hoffman's dissenting opinion in Commonwealth v. Poindexter, 248 Pa. Super. 564, 375 A.2d 384 (1977) and on Commonwealth v. Lockhart, 223 Pa. Super. 60, 296 A.2d 883 (1972). WATKINS, former P.J., did not participate in the consideration or decision of this case.

19780505

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