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COMMONWEALTH v. BAER

436 Pa. 18 (1969)

Commonwealth, Appellant, v. Baer. Commonwealth, Appellant, v. Serafine.

Supreme Court of Pennsylvania.

October 9, 1969.

Attorney(s) appearing for the Case

Jerry B. Chariton, Assistant District Attorney, with him Charles D. Lemmond, Jr., First Assistant District Attorney, and Blythe H. Evans, Jr., District Attorney, for Commonwealth, appellant.

Perry J. Shertz, with him Mitchell Jenkins, for appellees.

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

OPINION PER CURIAM, October 9, 1969:

The Order of the Superior Court is affirmed.

CONCURRING OPINION BY MR. JUSTICE ROBERTS:

I am in complete agreement with the Court's disposition of these cases. It is appropriate, however, to observe that the scholarly opinion of Judge HOFFMAN, speaking for a majority of the Superior Court, see 209 Pa.Super. 349, 227 A.2d 915 (1967...

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