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COMMONWEALTH v. BERRY

440 Pa. 154 (1970)

Commonwealth v. Berry, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

Calvin S. Drayer, Jr., and White & Williams, for appellant.

T. Michael Mather, Assistant District Attorney, James D. Crawford, Deputy 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 ROBERTS, October 9, 1970:

In 1952 appellant pleaded guilty to nine of thirty two bills of indictment charging him with burglary, and to one bill charging him with use and possession of narcotics. A hearing was then held at which the Commonwealth presented evidence only as to those bills to which appellant pleaded guilty; at the close of the hearing the Commonwealth's motion to nolle pros the remaining bills was granted. A sentence of six to...

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