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COMMONWEALTH v. ALLEN

443 Pa. 96 (1971)

Commonwealth v. Allen, Appellant.

Supreme Court of Pennsylvania.

June 1, 1971.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Vincent J. Ziccardi, Defender, for appellant.

Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, 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 JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE JONES, June 1, 1971:

Appellant was charged with assault and battery under Indictment No. 771, December Term, 1965, and with one count of assault with intent to rob and a second count of robbery under Indictment No. 772, December Term, 1965, both indictments relating to the same incident and victim. He was subsequently tried non-jury and was convicted. While sentence was suspended on No. 771, appellant was sentenced to a term of five to ten years...

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