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COMMONWEALTH PENNSYLVANIA v. SAMUEL SANDERS (11/17/78)

SUPERIOR COURT OF PENNSYLVANIA


decided: November 17, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
SAMUEL SANDERS, A/K/A SAMUEL AFRICA, APPELLANT

Appeal No. 206 October Term, 1977, from the Judgments of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, at Nos. 74-12-652, 654, 656, before Halbert, Judge.

COUNSEL

Gerald A. Stein, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Com., appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a dissenting statement. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 260 Pa. Super. Page 321]

Judgments of sentence affirmed.

[ 260 Pa. Super. Page 322]

SPAETH, Judge, dissenting:

I dissent. See Commonwealth v. Taylor, 257 Pa. Super. 298, 390 A.2d 831 (1978) (Opinion In Support of Reversal by HOFFMAN, J., in which CERCONE and SPAETH, JJ., join).

19781117

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