COM. v. NIXON


288 Pa.Super. 78 (1981)

431 A.2d 296

COMMONWEALTH of Pennsylvania v. Eugene NIXON, Appellant.

Superior Court of Pennsylvania.

Filed June 12, 1981.


Attorney(s) appearing for the Case

Donald Calaiaro, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before PRICE, DiSALLE and MONTEMURO, JJ.


MONTEMURO, Judge:

This case is before the court on a direct appeal from a judgment of sentence by a judge, sitting without a jury, for Escape.1 Post-Trial motions were denied and appellant, Eugene Nixon, was sentenced to a term of two (2) to four (4) years.

The sole question raised by appellant on appeal is whether or not he should be afforded the benefits of the decision of the Pennsylvania Supreme Court in Commonwealth v....

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