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COMMONWEALTH v. SMITH

227 Pa.Super. 355 (1974)

Commonwealth v. Smith, Appellant.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

John J. Dean, Chief, Appellate Division, with him John R. Cook, Trial Defender, and George H. Ross, Public Defender, for appellant.

James Wilson Bush, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)

OPINION BY SPAETH, J., April 3, 1974:

Appellant was convicted by a jury of attempted statutory rape and indecent assault.* Instead of being sentenced he was committed under the Mental Health and Mental Retardation Act of 1966, Act of Special Sess. No. 3, Oct. 20, P.L. 96, art. IV, § 410, 50 P.S. § 4410, to Farview State Hospital for a period not to exceed three years.

The facts may be summarized as follows. On the evening...

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