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COM. ex rel. McCRAY, v. MYERS.

205 Pa.Super. 409 (1965)

Commonwealth ex rel. McCray, Appellant, v. Myers.

Superior Court of Pennsylvania.

April 15, 1965.

Attorney(s) appearing for the Case

Bernard L. Segal, First Assistant Defender, with him Herman I. Pollock, Defender, for appellant.

Gordon Gelfond, Assistant District Attorney, with him Joseph M. Smith, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION BY HOFFMAN, J., April 15, 1965:

Appellant, Cornelius McCray, was indicted on charges of aggravated robbery, carrying a concealed deadly weapon, and aggravated assault and battery by cutting. He pleaded guilty to the charges of aggravated robbery and carrying a concealed deadly weapon. On the charge of aggravated assault and battery by cutting, however, appellant pleaded not guilty and elected to stand trial by a judge without jury. After some testimony was...

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