Opinion
Argued June 12, 1967.
August 7, 1967.
Indictment charging defendant with assault and battery, assault and battery upon a police officer in making an arrest, and unlawfully resisting an officer in making an arrest. Before CHUDOFF, J. Appeals, Nos. 101 and 102, Oct. T., 1967, from judgment of sentence of Court of Quarter Sessions of Philadelphia County, Oct. T., 1964, Nos. 1009 and 1010. Argued June 12, 1967.
Elizabeth L. Green and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant; John A. McMenamin, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Judgment of sentence affirmed.
MONTGOMERY, J., dissented and would remand for the purpose of resentence under § 314 of the Act of 1939, P.L. 872, as amended, 18 Pa.C.S.A. § 4314(pp).