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COMMONWEALTH v. SUTTON

214 Pa.Super. 148 (1969)

Commonwealth v. Sutton, Appellant.

Superior Court of Pennsylvania.

March 20, 1969.

Attorney(s) appearing for the Case

Melvin Dildine, Assistant Defender, with him Elizabeth Langford Green, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Edward G. Rendell, Assistant District Attorney, with him James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, March 20, 1969:

The appeal is quashed.

DISSENTING OPINION BY HOFFMAN, J.:

On February 10, 1947, appellant escaped from Holmesburg Prison, Philadelphia County, where he was serving a sentence for robbery. Shortly thereafter, he was indicted, in absentia, for prison breach pursuant to the Act of June 24, 1939, P.L. 872, § 309, as amended, 18 P.S. 4309, and a warrant was issued...

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