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COMMONWEALTH v. JOHNSON

441 Pa. 237 (1971)

Commonwealth v. Johnson, Appellant.

Supreme Court of Pennsylvania.

January 7, 1971.

Attorney(s) appearing for the Case

Don M. Larrabee, II, for appellant.

Allen E. Ertel, District Attorney, submitted a brief for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, January 7, 1971:

Appellant was found guilty by a jury of burglary and larceny and subsequent to denial of his new trial motions he was sentenced to five years' probation. An appeal to the Superior Court resulted in an affirmance of the judgment of sentence by an equally divided court with Judge SPAULDING filing a dissenting opinion in which Judges MONTGOMERY and HOFFMAN joined. Commonwealth v. Johnson, 216...

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