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COMMONWEALTH PENNSYLVANIA v. JULIUS VARGO (11/17/78)

decided: November 17, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JULIUS VARGO, APPELLANT



Appeal No. 10 April Term, 1978, from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Westmoreland County, at No. 272 January Term, 1976; McCormick, Weiss, and Rial, Judges.

COUNSEL

Thomas R. Ceraso, Greensburg, for appellant.

David B. Wasson, Assistant District Attorney, Arnold, with him Albert M. Nichols, District Attorney, Greensburg, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., files a dissenting statement. The above case was decided prior to the retirement of Hoffman, J.

Author: Per Curiam

[ 260 Pa. Super. Page 319]

OPINION

Judgment of sentence affirmed.

[ 260 Pa. Super. Page 320]

SPAETH, Judge, dissenting:

I dissent. Commonwealth v. Braithwaite, 253 Pa. Super. 447, 385 A.2d 423 (1978) (SPAETH, J., dissenting).

19781117

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