Opinion
Argued January 24, 1986.
Decided October 16, 1986.
Appeal No. 63 Eastern District Appeal Docket, 1985, from the Order of the Superior Court, at No. 1166, Philadelphia, 1982, Dated November 9, 1984, Vacating Judgment of Sentence of the Court of Common Pleas of Philadelphia, Trial Division, Criminal section, at No. 16, March Sessions, 1970 335 Pa. Super. 323, 484 A.2d 155 (1984).
Eric B. Henson, Deputy Dist. Atty., Robert B. Lawler, Chief/Appeal Div., Gaele M. Barthold, Chief/Prosecution Appeals, Ann C. Lebowitz, Philadelphia, for appellant.
Michael J. Byrne, Jr., Philadelphia, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.
OPINION OF THE COURT
For the reasons set forth in Commonwealth v. Harper, 512 Pa. 155, 516 A.2d 319 (1986), filed contemporaneously with this decision, the order of Superior Court, 335 Pa. Super. 323, 484 A.2d 155, is reversed and judgment of sentence reinstated.
PAPADAKOS, J., files a concurring opinion in which LARSEN, J., joins.
McDERMOTT, J., did not participate in the consideration or decision in this case.
I concur with the reversal of the Opinion and Order of Superior Court and the reinstatement of the judgment of sentence. For the reasons stated in my concurring opinion in Commonwealth v. Harper, 512 Pa. 155, 516 A.2d 319 (1986), filed contemporaneously herewith, I would take this opportunity to overrule Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981).
LARSEN, J., joins in this concurring opinion.