Opinion
Submitted December 6, 1976.
May 5, 1978.
Indictments charging defendant with robbery, conspiracy, weapons offenses and making terroristic threats. Before DiBONA, Jr., J., without a jury. Defendant found guilty of robbery, carrying firearms on public streets, possessing an instrument of crime generally and making terroristic threats and not guilty of conspiracy, carrying firearms without a license and possessing an instrument of crime, a weapon. Defendant's motions for new trial and in arrest of judgment denied and judgment of sentence entered. Defendant appealed. Appeal No. 1842, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1975, Nos. 976 to 979, inclusive. Submitted December 6, 1976.
Anne Skwiersky, Assistant Defender, and Benjamin Lerner, Defender, 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 on the basis of Judge Hoffman's dissenting opinion in Commonwealth v. Poindexter, 248 Pa. Super. 564, 375 A.2d 384 (1977) and on Commonwealth v. Lockhart, 223 Pa. Super. 60, 296 A.2d 883 (1972).
WATKINS, former P.J., did not participate in the consideration or decision of this case.