Commonwealth v. Clay , 230 Pa. Super. 157 ( 1974 )


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  • Dissenting Opinion by

    Spaeth, J.:

    At the sentencing proceeding in this case the assistant district attorney brought to the attention of the *160judge the sentence that had been imposed in the Municipal Court. I continue to be of the opinion that the principles enunciated in Commonwealth, v. Moore, 226 Pa. Superior Ct. 58, 312 A.2d 422 (1973), are valid only if “the Municipal Court sentence [is] not . . . revealed to the Common Pleas judge unless the defendant specifically asks that it be revealed.” Id. at 66, 312 A.2d at 426 (Spaeth, J., concurring and dissenting).

Document Info

Docket Number: Appeal, 1700

Citation Numbers: 230 Pa. Super. 157

Judges: Cercone, Hoffman, Jacobs, Price, Spaeth, Van, Voort, Watkins

Filed Date: 9/23/1974

Precedential Status: Precedential

Modified Date: 8/25/2023