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COMMONWEALTH v. CHOICE

211 Pa.Super. 176 (1967)

Commonwealth v. Choice, Appellant.

Superior Court of Pennsylvania.

November 21, 1967.

Attorney(s) appearing for the Case

Albert H. Branson, Assistant Defender, with him John W. Packel and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.

Martin A. Heckscher, 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 ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION PER CURIAM, November 21, 1967:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant, Mackey Choice, was convicted of burglary, aggravated robbery and conspiracy. The conviction arose out of a charge that he had robbed the Citizen's and Southern Bank of Philadelphia. I would order a new trial for the following reasons:

I. The court erred in admitting testimony...

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