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COMMONWEALTH v. WHALEN

189 Pa.Super. 351 (1959)

Commonwealth v. Whalen, Appellant (No. 1).

Superior Court of Pennsylvania.

April 16, 1959.

Attorney(s) appearing for the Case

Paul N. Gardner, for appellant.

Juanita Kidd Stout, Assistant District Attorney, with her James McGirr Kelly, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY WRIGHT, J., April 16, 1959:

Edward Whalen and Anthony Perpiglia were tried in Philadelphia County on two bills of indictment as follows: No. 1 March Sessions 1958 charging attempted burglary, and No. 222 June Sessions 1957 charging assault and battery with intent to murder. After a four day trial the jury returned a verdict of guilty as to both defendants. Motions for a new trial were filed and overruled. Perpiglia was sentenced on both bills for a total...

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