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COMMONWEALTH v. LEACH

211 Pa.Super. 476 (1968)

Commonwealth, Appellant, v. Leach.

Superior Court of Pennsylvania.

February 13, 1968.

Attorney(s) appearing for the Case

Leslie J. Carson, 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, appellant.

John Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellee.

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

OPINION PER CURIAM, February 13, 1968:

Order affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

The evidence in this case is sufficient to sustain all charges for which this appellee was indicted, i.e., conspiracy, assault with intent to kill, aggravated assault and battery, and assault and battery. The victim, Tyrone Jones, was pursued by a group of fifteen men, including appellee, with the evident intent of harming him. Appellee was carrying a stick...

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