COM. v. DURANT


268 Pa.Super. 191 (1979)

407 A.2d 1311

COMMONWEALTH of Pennsylvania v. Ben DURANT, Appellant.

Superior Court of Pennsylvania.

Decided July 26, 1979.

Petition for Allowance of Appeal Denied November 26, 1979.


Attorney(s) appearing for the Case

Robert N. Tarman, First Assistant Public Defender, Harrisburg, for appellant.

Marion E. MacIntyre, Second Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Before SPAETH, HESTER and MONTGOMERY, JJ.


HESTER, Judge:

This is an appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Dauphin County, imposed at No. 499 of 1977. The procedural history and facts relevant to the issue on appeal are as follows:

On March 12, 1977, appellant visited his nephew, John Tate, and his family consisting of a wife Laura, and two children. During the afternoon and evening, appellant and John Tate visited with several of the Tates' neighbors...

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