Commonwealth v. BELGRAVE

Dissenting Opinion by

Spaulding, J.:

I respectfully dissent.

This is a companion case to Commonwealth v. Green, 217 Pa. Superior Ct. 288, 269 A. 2d 517 (1970). Appellants, Louis Belgrave, Lemuel Belgrave, Ira Bentley, Allen Ooades, James Faust, Jr., Harry F. Seth, John H. Wilson, Jr., and Washington Howard, Jr., appeal from the judgments of sentence of the Court of Common Pleas of Delaware County. All of the facts supporting the indictments are set out at length in Green, supra, and it is not necessary to restate them.

All eight appellants herein were arrested and indicted on charges of riot,…