COMMONWEALTH v. DUFF


201 Pa.Super. 387 (1963)

Commonwealth v. Duff, Appellant.

Superior Court of Pennsylvania.

July 5, 1963.


Attorney(s) appearing for the Case

Robert N.C. Nix, Jr., for appellant.

Bernard Edelson, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., July 5, 1963:

This appeal challenges the power of a trial judge who has suspended sentence upon several guilty pleas, to impose a prison sentence upon the pleas upon the defendant's conviction of a subsequent crime, under the following circumstances:

At various times from 1954 to 1958 the defendant was indicted on six bills charging abortion and two bills charging conspiracy to commit abortion.

On February 24, 1959, he pleaded...

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