COM. v. MURPHY


310 Pa.Super. 373 (1983)

456 A.2d 659

COMMONWEALTH of Pennsylvania v. Tyrone MURPHY, Appellant.

Superior Court of Pennsylvania.

Filed February 18, 1983.


Attorney(s) appearing for the Case

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Jane Culter Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, CIRILLO and JOHNSON, JJ.


HESTER, Judge:

Appellant's sole contention on this direct appeal is that the Commonwealth failed to prove that he was sentenced to a "term of years" as required by 18 Pa.C.S.A. § 2703, Assault by Prisoner, and that his conviction thereunder must necessarily fall. We disagree and affirm the judgment of sentence.

On March 3, 1980, appellant was sentenced to serve a term of imprisonment of not less than one (1) month nor more than twenty-three (23) months...

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