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COMMONWEALTH v. SMITH

235 Pa.Super. 282 (1975)

Commonwealth, Appellant, v. Smith.

Superior Court of Pennsylvania.

June 24, 1975.

Attorney(s) appearing for the Case

Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellant.

Ralph W.D. Levan, First Assistant Public Defender, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY PRICE, J., June 24, 1975:

This appeal comes before our Court following the granting of appellee's motion in arrest of judgment by the lower court en banc. Appellee was a prisoner who had been convicted of rape and had been sentenced to a term in prison of from 29 to 59 months, sentence to commence September 5, 1971. He was granted a holiday furlough from the Berks County Prison, which was to last from 8:30 a.m., September 3, 1972, until 10:30 p.m., September...

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