decided: December 29, 1983.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
WILLIAM F. RYAN
Appeal No. 28 E.D. Appeal Docket 1983, from Order of Superior Court at No. 2022 Philadelphia 1981, dated October 29, 1982,
Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. McDermott, J., files a dissenting opinion.
Author: Per Curiam
[ 503 Pa. Page 124]
Appeal dismissed as having been improvidently granted.
McDERMOTT, Justice, dissenting.
Offering the approach which I proposed in my concurring opinion in Commonwealth v. Crowley, 502 Pa. 393, 466 A.2d 1009 (1983), I dissent from this court's per curiam affirmance of the Superior Court's order, reversing the trial court's judgment of sentence.
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