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COMMONWEALTH v. McCUTCHEN

245 Pa.Super. 56 (1976)

369 A.2d 291

COMMONWEALTH of Pennsylvania v. Freddy McCUTCHEN, Appellant.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Joseph R. Danella, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

In 1973, a jury found appellant guilty of first degree murder1 and sodomy.2 On July 7, 1975, the Supreme Court reversed the judgment of sentence on the charge of murder and ordered a new trial. Appellant contends that we must also reverse the judgment of sentence on the charge of sodomy. We agree.

Appellant was fifteen at the time...

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