COM. v. DAVENPORT


255 Pa.Super. 131 (1978)

386 A.2d 543

COMMONWEALTH of Pennsylvania v. Kevin Lee DAVENPORT, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Charles B. Swigart, Huntingdon, for appellant.

Stewart L. Kurtz, II, District Attorney, Huntingdon, submitted a brief for Commonwealth, appellee.

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


SPAETH, Judge:

Appellant was convicted at a nonjury trial on an indictment charging in two counts that appellant had made inconsistent statements under oath in violation of the Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 4902(e). Post-trial motions were denied, and on the first count appellant was sentenced to costs, a $100 fine, and one to three years in prison; on the second count sentence was suspended.

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