Opinion
Submitted June 16, 1975.
October 18, 1976.
Proceedings upon petition by defendant for writ of certiorari following conviction in the Municipal Court. Order entered dismissing petition for writ of certiorari, opinion by DOTY, J. Defendant appealed. Appeal, No. 672, Oct. T., 1975, from Court of Common Pleas, Trial Division, of Philadelphia, Nos. 7400-6613 and 74-09-4204. Submitted June 16, 1975.
Douglas Riblet, Assistant Defender, and Benjamin Lerner, Defender, for appellant; Mark Sendrow, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Because the Commonwealth concedes that there was not sufficient evidence to convict appellant of possession of a prohibited offensive weapon, Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 908, the judgment of sentence is reversed, and appellant is hereby ordered discharged.
PRICE, J., notes his dissent.