Commonwealth v. Clopton

Opinion by

Mr. Justice Eagen,

James Clopton was convicted after a nonjury trial in Philadelphia of: (1) attempted murder; (2) assault and battery; and (3) unlawfully carrying a firearm *3without a license.1 Following the denial of post trial motions, a prison sentence was imposed on each indictment; the sentences to run consecutively. On appeal the Superior Court affirmed the judgments without opinion, with Judges Montgomery and Hoffman dissenting. 217 Pa. Superior Ct. 783, 269 A. 2d 365 (1970). We granted allocatur.

The trial testimony established the following facts.

Clopton, a resident of…