Nos. 72 - 76 March Term, 1974, Appeal from Judgments of Sentence and Order of the Court of Common Pleas of York County, at Criminal Actions Nos. 249 October Term, 1971 and 349, 351, 375, and 443 January Term, 1972
Spero T. Lappas, Harrisburg, for appellant.
Richard H. Horn, Assistant District Attorney, York, submitted a brief on behalf of Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Cercone, President Judge, concurs in the result. Spaeth, J., files a dissenting opinion. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 267 Pa. Super. Page 176]
This appeal presents a convoluted procedural history, including several changes in defense counsel.*fn1 We will first
[ 267 Pa. Super. Page 177]
ferret out what transpired procedurally below, leaving explanation and development of facts to be brought out as necessary to give meaning to appellant's arguments.
Our appellant and a co-defendant were tried before juries in the court below, at the following proceedings:
1. Nos. 249 and 250*fn2 October Term, 1971 --
Charges: burglary, larceny, and receiving stolen goods.
Dates of Trial: May 11-12, 1972.
2. No. 443 January Term, 1972 --
Charge: receiving stolen goods.
Dates of Trial: May 12 and ...