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COMMONWEALTH PENNSYLVANIA v. CHARLES BATES (11/29/85)

SUPERIOR COURT OF PENNSYLVANIA


November 29, 1985

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES BATES,*FN*APPELLANT

Appeal from the Judgment of Sentence entered October 21, 1983, Court of Common Pleas, Bucks County, Criminal Division at No. 1521, 1983.

Before: Spaeth, P.j., Cavanaugh, Wickersham, Rowley, Olszewski, Beck, Tamilia and Johnson, JJ.

Per Curiam:

Judgment of Sentence Affirmed.

Beck, J. files a concurring memorandum.

Spaeth, P.J. files a Dissenting Memorandum in which Judges Olszewski, Montemuro and Tamilia, join.

Disposition


*fn* This case is a companion case to Commonwealth v. Kuphal, Pa. Super. , A.2d (Nos. 2802, 2803, 2804 Phila 1983; filed November 15, 1985).


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