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COMMONWEALTH v. SMITH et al.

217 Pa.Super. 148 (1970)

Commonwealth v. Smith et al., Appellants.

Superior Court of Pennsylvania.

September 18, 1970.

Attorney(s) appearing for the Case

Michael A. O'Pake and Emmanuel H. Dimitriou, with them Martin W. Binder, Laurence F. Ward, and Marx, Ruth, Binder & Stallone, and Lieberman & Dimitriou, for appellants.

Grant E. Wesner, Assistant District Attorney, with him Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, September 18, 1970:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellants were convicted of disturbing the peace and disorderly conduct by a justice of the peace of Oley Township, Berks County. Both convictions were based upon violations of Oley Township Ordinances. Appellants were subsequently convicted of riot and related offenses by the Court of Common Pleas of Berks County, convictions based upon the same...

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