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COMMONWEALTH v. HOLTON

209 Pa.Super. 22 (1966)

Commonwealth v. Holton, Appellant.

Superior Court of Pennsylvania.

November 17, 1966.

Attorney(s) appearing for the Case

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

James D. Crawford, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, November 17, 1966:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Defendant, Charles Holton, was found guilty of rape, burglary, and related charges in July of 1965. This appeal is from the judgment of sentence entered at that time.

After carefully reviewing the testimony, I conclude that defendant should be granted a new trial for the following reasons...

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