Commonwealth v. Nelson

Concurring and Dissenting Opinion by

Mr. Justice Nix:

While I agree with the majority’s view that only one sentence can be imposed under Bill No. 1253 even though that bill contained three separate counts, I disagree with the conclusion reached that counts (b) and (c) merged into count (a).

First it must be noted that since counts (b) and (c) describe conduct made criminal under the same statutory provision (Act of June 24, 1939, P. L. 872, §314, as amended, 18 P.S. §4314) only one penalty can be imposed even though a verdict of guilty is returned on both counts. Commonwealth v. Grosso, 192 Pa.…