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COMMONWEALTH v. HICKS

434 Pa. 153 (1969)

Commonwealth v. Hicks, Appellant.

Supreme Court of Pennsylvania.

Reargued January 14, 1969.

April 23, 1969.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Harold K. Don, Jr., Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE EAGEN, April 23, 1969:

Walter Hicks, after a trial without a jury, was convicted of the crimes of burglary, attempted burglary and possession of burglary tools. Post-trial motions were dismissed and prison sentences were imposed on the first two charges. On appeal the Superior Court affirmed the judgments with Judge HOFFMAN dissenting, 209 Pa.Super. 1, 223 A.2d 873 (1966). We granted allocatur.

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