COMMONWEALTH v. MAYBERRY


459 Pa. 91 (1974)

327 A.2d 86

COMMONWEALTH of Pennsylvania v. Richard O.J. MAYBERRY, Appellant.

Supreme Court of Pennsylvania.

Decided October 16, 1974.


Attorney(s) appearing for the Case

Jack J. Levine, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief Appeals Div., Stephen J. Mathes, Philadelphia, for appellee.

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


OPINION

ROBERTS, Justice.

This is an appeal from judgments of sentence imposed after a 1972 finding that appellant was in contempt of court on four occasions during his 1966 trial for perjury. Six months imprisonment was assessed as punishment for each of the four acts of contempt. Because the sentences actually imposed exceeded six months and because appellant, despite a timely request, was not afforded the opportunity to be tried by jury, we reverse and...

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