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COMMONWEALTH v. HENDERSON

219 Pa.Super. 454 (1971)

Commonwealth v. Henderson, Appellant.

Superior Court of Pennsylvania.

September 30, 1971.

Attorney(s) appearing for the Case

Michael L. Levy, Assistant Defender, with him Neil Jokelson and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein and Louis A. Perez, Jr., Assistant District Attorneys, with them James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, September 30, 1971:

Judgment of sentence affirmed.

CONCURRING OPINION BY JACOBS, J.:

On December 16, 1970, appellant was tried, in a non-jury trial, on two bills of indictment — each charging him with larceny and receiving stolen goods. On each indictment he was found not guilty of larceny and guilty of receiving stolen goods.

At trial the following facts were established: On July 31, 1970, appellant, while driving...

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