COMMONWEALTH v. DAVIS


216 Pa.Super. 346 (1970)

Commonwealth v. Davis, Appellant.

Superior Court of Pennsylvania.

April 14, 1970.


Attorney(s) appearing for the Case

F. Lee Bailey, with him Alan Frank, for appellant.

Carol Mary Los, Assistant District Attorney, with her Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, April 14, 1970:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from a judgment of sentence of 2½ to 5 years on a charge of receiving four stolen dresses. Although many issues have been raised by appellant, I believe that the judgment should be reversed because the Commonwealth failed to prove that appellant was in control of the stolen goods.

The relevant facts in this regard may...

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