COMMONWEALTH v. BANKS


428 Pa. 571 (1968)

Commonwealth v. Banks, Appellant.

Supreme Court of Pennsylvania.

January 9, 1968.


Attorney(s) appearing for the Case

S.R. Zimmerman, III, for appellant.

Wilson Bucher, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, January 9, 1968:

Order affirmed.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

Not only does the majority's disposition of this appeal fly in the face of controlling United States Supreme Court cases, but in a matter of first impression for this Court it owes both the Bench and Bar, as well as appellant Banks, more than a cryptic "Per Curiam: Order affirmed." We are here confronted with a factual situation calling for a re-examination...

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