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COMMONWEALTH v. LAYTON

220 Pa.Super. 435 (1972)

Commonwealth v. Layton, Appellant.

Superior Court of Pennsylvania.

March 30, 1972.

Attorney(s) appearing for the Case

Harold Yaskin, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Deborah E. Glass, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, 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, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, March 30, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY CERCONE, J.:

Defendant, Robert Layton, was indicted by the grand jury on a charge of unlawful possession of a firearm after having been convicted of a crime of violence (burglary).

At trial, it was shown that on October 15, 1970 the police arrived at defendant's home in response to a call from defendant's wife. The defendant opened the door, saw the police...

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