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COM. ex rel. POPE v. RUNDLE

217 Pa.Super. 389 (1970)

Commonwealth ex rel. Pope, Appellant, v. Rundle.

Superior Court of Pennsylvania.

November 13, 1970.

Attorney(s) appearing for the Case

Eugene H. Clarke, Jr., 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, November 13, 1970:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This appeal raises a question identical in all relevant respects with the appeal in Commonwealth v. Mills, 217 Pa.Super. 269, 269 A.2d 322 (1970). For the reasons stated in my dissenting opinion in that case, I would vacate judgment of sentence and discharge...

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