COM. v. TURNER


255 Pa.Super. 506 (1978)

388 A.2d 343

COMMONWEALTH of Pennsylvania v. Charles TURNER, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Dante G. Bertani, Public Defender, Greensburg, for appellant.

David B. Wasson, Assistant District Attorney, Arnold, for Commonwealth, appellee.

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


PER CURIAM:

The judgment of sentence is vacated and the case is remanded for further proceedings consistent with Commonwealth v. McCusker, 245 Pa.Super. 402, 369 A.2d 465 (1976) (Dissenting Opinion by Spaeth, J.,), rev'd ___ Pa. ___ (No. 2850 Alloc. Dkt., Filed September 21, 1977.)

SPAETH, J., files a concurring opinion in which JACOBS President Judge, and HOFFMAN, J., join...

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