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COMMONWEALTH PENNSYLVANIA VS RICHARD W. STOCKARD (03/16/79)

March 16, 1979

COMMONWEALTH OF PENNSYLVANIA VS RICHARD W. STOCKARD, APPELLANT


No. 689 April Term, 1977, Appeal from Judgments of Sentence of the Court of Common Pleas, Criminal Division of Butler County at Nos. 676, 678, 679, 680 & 681 of 1976.

Before Jacobs, P.j., Hoffman, Cercone, Price, Van Der Voort, Spaeth And Hester, JJ.

Per Curiam:

Judgments of Sentence Affirmed.

PRICE, J., Files a Dissenting Statement in which SPAETH, J., joins.

JACOBS, Former P.J., and HOFFMAN, J., did not participate in the consideration or decision of this case.

PRICE, J.

Where the Commonwealth seeks to toll the statute of limitations by establishing one of the exceptions discussed by the majority, it must allege the exception in the indictment or information. Commonwealth v. Bender, 251 Pa. Superior Ct. 454, 380 A.2d 868 (1977); Commonwealth v. Creamer, 236 Pa. Superior Ct. 168, 345 A.2d 212 (1974), Commonwealth v. Cody, 191 Pa. Superior Ct. 354, 156 A.2d 620 (1959). The informations involved in this appeal contain no such allegation. I believe the judgments of sentence must be reversed and appellant discharged.

SPAETH, J., joins in this Dissenting Statement.

19790316

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