COMMONWEALTH v. DUFF


213 Pa.Super. 248 (1968)

Commonwealth v. Duff, Appellant.

Superior Court of Pennsylvania.

November 14, 1968.


Attorney(s) appearing for the Case

David N. Brook, Assistant Public Defender, for appellant.

Richard A. Devlin, Assistant District Attorney, with him Henry T. Crocker, Assistant District Attorney, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.


OPINION PER CURIAM, November 14, 1968:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

On April 5, 1968, appellant was sentenced to imprisonment for not less than 1½ nor more than 6 years.

Just before imposing sentence, the court said:

"While I am not taking into account the charges that are presently lodged against them (the defendants), I can't close my...

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