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COMMONWEALTH v. SMITH

450 Pa. 332 (1973)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

January 19, 1973.

Attorney(s) appearing for the Case

Andrea Levin, Assistant Defender, with her Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Louis A. Perez, Jr., Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, January 19, 1973:

David Freeman, a/k/a David G. Smith, was tried before a judge and jury on two indictments charging the burglary of adjoining stores located on North Broad Street in Philadelphia. On one indictment, Freeman was convicted, and on the other he was found not guilty. Post-trial motions were denied and a prison sentence was imposed. On appeal the Superior Court affirmed the judgment without opinion. Judge SPAULDING filed a...

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