COMMONWEALTH v. SWANGER


453 Pa. 107 (1973)

Commonwealth v. Swanger, Appellant.

Supreme Court of Pennsylvania.

Reargued April 24, 1973.

July 2, 1973.


Attorney(s) appearing for the Case

Frederick S. Wolf, with him Beaver & Wolf, for appellant.

George E. Christianson, District Attorney and Leonard Packel, Deputy Attorney General, with them David J. Brightbill, Assistant District Attorney, J. Andrew Smyser and Marc Kapustin, Deputy Attorneys General, and Israel Packel, Attorney General, for Commonwealth, appellee.

Paul D. Boas and Samuel A. Vitaro, for amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE EAGEN, July 2, 1973:

The appellant, Glenn R. Swanger, was convicted by a jury of burglary. Post trial motions were denied and Swanger was sentenced to serve a term of ten to twenty years imprisonment. A timely appeal was filed in the Superior Court, which affirmed the judgment and conviction. Allocatur was granted by this Court and on November 8, 1972, the issue was submitted for decision without oral...

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