Opinion
Argued December 7, 1971.
March 24, 1972.
Indictments charging defendant with unlawful entry, assault and battery, wantonly pointing a firearm, and carrying a firearm without a license. Before BODLEY, J. Appeal, No. 1536, Oct. T., 1971, from judgment of sentence of Court of Common Pleas of Bucks County, No. 161 of 1970. Argued December 7, 1971.
Rodney D. Henry, Public Defender, for appellant; J. Cordes, Assistant District Attorney, with him Stephen B. Harris, Assistant District Attorney, for Commonwealth, appellee.
This defendant was sentenced under the Gun Possession Law of July 30, 1968, P.L. , No. 227, § 1, 18 Pa.C.S.A. § 4416(b), without having previously been charged, arraigned, or indicted therefor, which is contrary to the law as recently held in Commonwealth v. Hermankevich, 118 P.L.J. 24 (1969), affirmed per curiam, 217 Pa. Super. 731, 266 A.2d 509 (1970).
Therefore, the judgment of sentence for violation of the Act of July 30, 1968, P.L., No. 227, § 1, is vacated and in all other respects the judgment of sentence is affirmed.