Com. v. Sanders

Full title: COMMONWEALTH of Pennsylvania v. Samuel SANDERS, a/k/a Samuel Africa…

Court: Superior Court of Pennsylvania

Date published: Nov 17, 1978

394 A.2d 572 (Pa. Super. Ct. 1978)

394 A.2d 572

Opinion

Submitted September 29, 1977.

Decided November 17, 1978.

Appeal from the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, at Nos. 74-12-652, 654, 656, before Halbert, Judge

Gerald A. Stein, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Com., appellee.

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

PER CURIAM:

Judgments of sentence affirmed.

SPAETH, J., files a dissenting statement.

WATKINS, former President Judge, and HOFFMAN, J., did not participate in the consideration or decision of this case.

SPAETH, Judge, dissenting:

I dissent. See Commonwealth v. Taylor, 257 Pa. Super. 298, 390 A.2d 831 (1978) (Opinion In Support of Reversal by HOFFMAN, J., in which CERCONE and SPAETH, JJ., join).