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COMMONWEALTH v. DUNCAN

222 Pa.Super. 553 (1972)

Commonwealth v. Duncan, Appellant.

Superior Court of Pennsylvania.

September 26, 1972.

Attorney(s) appearing for the Case

Francis S. Wright, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Robyn Greene, 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, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION PER CURIAM, September 26, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

Appellant Leon Duncan, having waived a jury trial, was convicted of loitering and prowling by Judge John E. WALSH, JR., of the Court of Common Pleas of Philadelphia. He appeals from the judgment of sentence, contending that the statute under which he was convicted cannot be interpreted to include the conduct for...

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