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COMMONWEALTH v. SMALL

211 Pa.Super. 481 (1968)

Commonwealth v. Small, Appellant.

Superior Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

Leonard Barkan, for appellant.

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

OPINION PER CURIAM, March 15, 1968:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Robert Small, the appellant, and two other defendants, were tried on March 24, 1966, on an indictment charging assault and battery, indecent assault, aggravated assault and battery, assault and battery with intent to ravish, and rape; two indictments charging sodomy; and one indictment charging corrupting the morals of a minor child.

Sentence was suspended...

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