Opinion
Submitted September 13, 1976.
February 7, 1978.
Proceedings under Post Conviction Hearing Act. Order entered permitting defendant to appeal nunc pro tunc from judgment of sentence, order by DOTY, J. Defendant appealed. Appeal, No. 1585, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, April T., 1968, No. 909.
Lewis S. Small, for appellant; Eric B. Henson, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
SPAETH, J., dissents for the reasons stated in Commonwealth v. Darby, 244 Pa. Super. 331, 368 A.2d 746 (1976).