Opinion
Reargued June 16, 1967.
August 7, 1967.
Indictment charging defendant with assault and battery, aggravated assault and battery, aggravated assault and battery with intent to murder, and carrying a concealed deadly weapon. Before GUTOWICZ, J., without a jury. Appeals, Nos. 770 and 771, Oct. T., 1966, from judgment of sentence of Court of Quarter Sessions of Philadelphia County, March T., 1965, Nos. 1278 and 1279. Argued December 13, 1966; reargued June 16, 1967.
Leonard Levin, with him Levin, Levin and Levin, for appellant; Michael M. Baylson, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed, and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence or any part of it which had not been performed at the time the appeal was made a supersedeas.
WRIGHT and HOFFMAN, JJ., would grant a new trial.