Commonwealth v. Jackson

Full title: Commonwealth v. Jackson, Appellant

Court: Superior Court of Pennsylvania

Date published: Oct 28, 1975

346 A.2d 313 (Pa. Super. Ct. 1975)

346 A.2d 313

Opinion

June 12, 1975.

October 28, 1975.

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

Appeal, No. 562, Oct. T., 1975, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1972, Nos. 752 and 755, in case of Commonwealth of Pennsylvania v. Jerome Jackson. Judgment of sentence affirmed.

Petition for post-conviction relief. Before DOTY, J.

Order entered granting leave to file an appeal, nunc pro tunc. Defendant appealed.

Eugene A. Spector, with him Schnader, Harrison, Segal Lewis, for appellant.

Guy R. Sciolla, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, submitted a brief for Commonwealth, appellee.

HOFFMAN, J., filed a dissenting opinion, in which SPAETH, J., joined.

Argued June 12, 1975.

OPINION BY WATKINS, P.J., October 28, 1975:

Judgment of sentence affirmed. See Commonwealth v. Hicks, 228 Pa. Super. 76, 324 A.2d 397 (1974).

DISSENTING OPINION BY HOFFMAN, J.:

I dissent for the same reasons set forth in my dissenting opinion in Commonwealth v. Hicks, 228 Pa. Super. 76, 324 A.2d 397 (1974).

SPAETH, J., joins in this dissenting opinion.