COMMONWEALTH v. SISAK


211 Pa.Super. 255 (1967)

Commonwealth v. Sisak, Appellant.

Superior Court of Pennsylvania.

November 21, 1967.


Attorney(s) appearing for the Case

Peter J. Webby, Public Defender, for appellant.

R. Kane, Assistant District Attorney, with him Arthur L. Piccone, First Assistant District Attorney, and Thomas E. Mack, 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.:

In my opinion, the lower court erred in refusing to accept defendant's points for charge. In this case, defendant, Frank John Sisak, was charged with burglary and larceny. At the trial of his case, one Arthur Dwyer testified for the Commonwealth. The lower court and Commonwealth agree that Dwyer could have been indicted as an accessory after the...

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