COMMONWEALTH v. OWENS


217 Pa.Super. 283 (1970)

Commonwealth v. Owens, Appellant.

Superior Court of Pennsylvania.

September 18, 1970.


Attorney(s) appearing for the Case

Harold Yaskin and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Deputy District Attorney, and Arlen Specter, 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 SPAULDING, J.:

I respectfully dissent.

James Owens, appellant, appeals from conviction for aggravated robbery, by a judge sitting without a jury, on April 11, 1969, in Philadelphia County. At the close of the defendant's evidence the Commonwealth requested a continuance in order to present rebuttal testimony. In refusing the motion, the judge stated...

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