Opinion
Argued April 14, 1978.
Decided November 17, 1978.
Appeal from the Court of Common Pleas, Criminal Division, of Westmoreland County, at No. 272 January Term, 1976; McCormick, Weiss, and Rial, Judges
Thomas R. Ceraso, Greensburg, for appellant.
David B. Wasson, Assistant District Attorney, Arnold, with him Albert M. Nichols, District Attorney, Greensburg, for Commonwealth, appellee.
Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.
OPINION
Judgment of sentence affirmed.
SPAETH, J., files a dissenting statement.
The above case was decided prior to the retirement of HOFFMAN, J.
I dissent. Commonwealth v. Braithwaite, 253 Pa. Super. 447, 385 A.2d 423 (1978) (SPAETH, J., dissenting).