Opinion
Submitted September 13, 1976.
July 21, 1977.
Indictments charging defendant with robbery, burglary, aggravated and simple assault, conspiracy and weapons offenses. Before WILSON, J., without a jury. Defendant found guilty of robbery and conspiracy following guilty plea and remaining charges were nolle prossed and judgment of sentence entered. Defendant appealed. Appeal, No. 1081, Oct. T., 1976, from Court of Common Pleas, Trial Division, of Philadelphia, May T., 1974, Nos. 1609 and 1611. Submitted September 13, 1976.
Robert W. O'Donnell, for appellant.
James A. Shellenberger and Deborah E. Glass, Assistant District Attorneys, for Commonwealth, appellee.
Judgment of sentence affirmed.
SPAETH, J., dissents for the reasons stated in Commonwealth v. McCusker, 245 Pa. Super. 402, 404-410, 369 A.2d 465, 466-469 (1976) (Dissenting Opinion by SPAETH, J.).