Commonwealth v. Culpepper

Dissenting Opinion by

Jacobs, J.:

In this case the appeal of defendant was argued at Harrisburg on March 13, 1972. Appellant died April *47821, 1972, before we had handed down a decision. The Commonwealth-appellee petitioned for a dismissal of the appeal on the ground that the issue had become moot. Appellant’s attorney opposed the motion “in the interests of justice”. Because of Commonwealth v. Walker, 447 Pa. 146, 288 A.2d 741 (1972), the majority is filing an opinion covering the merits of the appeal. In Walker the defendant-appellant died while the appeal was pending. A petition to abate was…