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COMMONWEALTH v. VIVIAN

426 Pa. 192 (1967)

Commonwealth v. Vivian, Appellant.

Supreme Court of Pennsylvania.

June 29, 1967.

Attorney(s) appearing for the Case

Judah I. Labovitz, with him Howard Gittis, for appellant.

Gordon Gelfond, Assistant District Attorney, with him Benjamin H. Levintow and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, June 29, 1967:

Howard J. Vivian pleaded nolo contendere in Philadelphia County to four separate bills of indictment (No. 712 March Sessions 1965; Nos. 751, 752 and 754 August Sessions 1965) charging him with assault and battery. Additionally, he was found guilty after a trial before a judge, sitting by agreement without a jury, on charges of aggravated assault and battery, assault and battery, and assault and battery with intent to murder...

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