Commonwealth v. Coleman

Full title: Commonwealth v. Coleman, Appellant

Court: Superior Court of Pennsylvania

Date published: Sep 22, 1975

344 A.2d 904 (Pa. Super. Ct. 1975)

344 A.2d 904

Opinion

December 5, 1974.

September 22, 1975.

Commonwealth v. Carter, 236 Pa. Super. 336 (1975), Held controlling.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN der VOORT, J., absent).

Appeal, No. 1144, Oct. T., 1974, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1974, Nos. 636 and 637, in case of Commonwealth of Pennsylvania v. Reginald Coleman. Judgment of sentence affirmed.

Indictments charging defendant with burglary, criminal conspiracy and unlawful possession of instruments of crime. Before BONAVITACOLA, J., without a jury.

Finding of guilty of criminal trespass and conspiracy and judgment of sentence entered thereon. Defendant appealed.

Daniel M. Rendine, for appellant.

James Garrett, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

JACOBS, HOFFMAN, and SPAETH, JJ., dissented for the reasons stated in Judge HOFFMAN'S dissenting opinion in Commonwealth v. Carter, supra.

Argued December 5, 1974.

OPINION PER CURIAM, September 22, 1975:

Judgment of sentence affirmed. See Commonwealth v. Carter, 236 Pa. Super. 336, 334 A.2d 899 (1975).

JACOBS, HOFFMAN, and SPAETH, JJ., dissent for the reasons stated in Judge HOFFMAN'S dissenting opinion in Commonwealth v. Carter, supra.