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COMMONWEALTH v. GOODMAN

221 Pa.Super. 73 (1972)

Commonwealth v. Goodman, Appellant.

Superior Court of Pennsylvania.

March 30, 1972.

Attorney(s) appearing for the Case

Stephen A. Teller and Alan J. Davis, with them Wolf, Block, Schorr and Solis-Cohen, for appellants.

Jerry B. Chariton, Assistant District Attorney, with him Charles D. Lemmond, Jr., First Assistant District Attorney, and Blythe H. Evans, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, March 30, 1972:

Judgments of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

David Goodman and his brother, Lee, appeal from their convictions on March 25, 1969, for unlawfully possessing marijuana. They were tried jointly without a jury before Judge Donald O'MALLEY, specially presiding in the Court of Common Pleas of Luzerne County. Each was sentenced to 2-5 years imprisonment. This was the...

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