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COMMONWEALTH v. WALLINGTON

238 Pa.Super. 427 (1976)

Commonwealth v. Wallington, Appellant.

Superior Court of Pennsylvania.

February 2, 1976.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for appellant.

Hugh J. Colihan, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY VAN DER VOORT, J., February 2, 1976:

Appeal is taken to this Court from an Order of April 30, 1975, wherein Judge DOTY denied appellant Wellington's1 petition for writ of certiorari by the Common Pleas Court to the Municipal Court of Philadelphia.2 At a Municipal Court trial on March 18, 1975, Judge JAMISON, sitting without a jury, found appellant guilty of theft by receiving stolen property,

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