Opinion
Submitted December 6, 1976.
October 26, 1977.
Indictments charging defendant with robbery, possessing instrument of crime and making terroristic threats. Before DiBONA, J., without a jury. Finding of guilty of all charges and judgment of sentence entered. Defendant appealed. Appeal, No. 1946, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1975, Nos. 963, 965, 966, and 968. Submitted December 6, 1976.
William A. Fitzpatrick, and Cohen Fitzpatrick, for appellant;
Stephen S. Seeling, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
HOFFMAN and SPAETH, JJ., dissent because the record reveals that the lower court did not comply with Pa.R. Crim.P. 1123(c). Commonwealth v. Brown, 248 Pa. Super. 289, 375 A.2d 102 (1977).