COMMONWEALTH v. ROSENFIELD, 448 Pa. 531 (1972)

292 A.2d 323

Commonwealth, Appellant v. Rosenfield.

Supreme Court of Pennsylvania.Argued April 24, 1972
Decided June 28, 1972

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

Appeal, No. 328, Jan. T., 1972, from order of Superior Court, Oct. T., 1969, No. 1417, vacating the judgment of sentence of the Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1965, No. 554, in case of Commonwealth v. Seymour L. Rosenfield. Order of Superior Court reversing judgment of sentence affirmed.

Same case in Superior Court: 220 Pa. Super. 105.

Indictment charging defendant with perjury. Before SPAETH, JR., J.

Verdict of guilty and judgment of sentence entered. Defendant appealed to the Superior Court, which vacated the judgment of sentence and quashed the indictments, opinion by HOFFMAN, J.; WRIGHT, P. J., JACOBS and SPAULDING, JJ., would have affirmed on the opinion of SPAETH, JR., J. Appeal to Supreme Court allowed.

Page 532

James D. Crawford, Deputy District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Benjamin R. Donolow, with him Paul D. Sulman, for appellee.

OPINION PER CURIAM, June 28, 1972:

The order of the Superior Court reversing the judgment of sentence is affirmed.

Mr. Justice NIX took no part in the consideration or decision of this case.