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COMMONWEALTH v. SPENCER

442 Pa. 328 (1971)

Commonwealth v. Spencer, Appellant.

Supreme Court of Pennsylvania.

March 25, 1971.

Attorney(s) appearing for the Case

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

Richard Max Bockol, 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, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, March 25, 1971:

This is an appeal from the judgment of sentence imposed by the Common Pleas Court of Philadelphia. With two judges concurring in the result, the Superior Court affirmed. Com. v. Spencer, 216 Pa.Super. 169, 263 A.2d 923 (1970). We granted allocatur.

The charges against appellant stem from an unlawful entry into the apartment of a Patricia Fitzgerald on July 3, 1967...

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