COMMONWEALTH v. STROUD


215 Pa.Super. 188 (1969)

Commonwealth v. Stroud, Appellant.

Superior Court of Pennsylvania.

September 11, 1969.


Attorney(s) appearing for the Case

Mervyn R. Turk, Assistant Public Defender, with him R. Barclay Surrick, Assistant Public Defender, and Charles J. Odgers, Jr., Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, William R. Toal, Jr., First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, September 11, 1969:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant together with two codefendants was convicted of robbery by a jury after a trial on June 17 and 18, 1968. At trial, there was testimony that one of the robbers carried a 22 caliber revolver and fired it twice during the robbery. The following colloquy occurred during the district attorney's summation to the jury: "MR. PRODOEHL [defense...

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