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COM. v. SMITH

260 Pa.Super. 317 (1978)

394 A.2d 570

COMMONWEALTH of Pennsylvania v. John C. SMITH, Appellant.

Superior Court of Pennsylvania.

Decided November 17, 1978.

Attorney(s) appearing for the Case

Simon B. John, Assistant Public Defender, with him Thomas P. Ruane, Jr., Public Defender, Uniontown, for appellant.

Gerald R. Solomon, District Attorney, Uniontown, submitted a brief for Commonwealth, appellee.

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

OPINION

PER CURIAM:

Judgment of sentence as to criminal conspiracy and theft by receiving stolen property is vacated; the conviction and judgment of sentence as to unlawful taking or disposition is affirmed.

SPAETH, J., files a dissenting statement in which PRICE, J., joins.

HOFFMAN, J., did not participate in the consideration or decision of this case.

SPAETH, Judge, dissenting:

Since 41 days elapsed between the complaint...

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