Commonwealth v. MARMON

Dissenting Opinion by

Ervin, P. J.:

The factual background of this case is adequately set forth in the majority opinion and need not be repeated in this dissenting opinion. The majority opinion satisfactorily disposes of all the points raised by the appellants in these appeals with the exception of two points and, because of these two, reverses the judgments of sentence and grants a new trial to the appellants. I would also reject these two contentions and affirm the judgments of sentence.

Appellants argue that the trial judge’s following instruction to the jury was error: “You may convict the…