COMMONWEALTH v. DUNCAN


456 Pa. 495 (1974)

Commonwealth v. Duncan, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.


Attorney(s) appearing for the Case

Leonard Sosnov, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Linda West Conley, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. CHIEF JUSTICE JONES, July 1, 1974:

On November 23, 1971, appellant was tried by the court without a jury and was convicted of loitering and prowling under the Act of June 24, 1939, P.L. 872, § 418, as amended, 18 P.S. § 4418 (recodified as 18 Pa. S. § 5506). Following denial of post-trial motions, appellant was sentenced to two to twelve months' imprisonment. On appeal, the Superior Court affirmed with three judges dissenting....

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