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COMMONWEALTH v. ROSS et ux.

211 Pa.Super. 488 (1968)

Commonwealth v. Ross et ux., Appellants.

Superior Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

Dennis Eisman, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellants.

Ivan Michaelson Czap, 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:

Judgments of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Defendants, Emma and Tony Ross, were charged with assault and battery, aggravated assault and battery, and assault and battery with intent to commit murder, upon Lucius Whitaker on February 4, 1967. After a trial on April 17 and 18, 1967, the jury found defendants guilty on all counts. Motions...

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