Commonwealth v. Tome

LARSEN, Justice,

dissenting.

I dissent; the trial judge had no authority or power to sentence the defendant to a prison term of ten to twenty years for the crime of murder of the second degree. The offense requires, by statute, a mandatory life imprisonment sentence. The sentence of ten to twenty years was a nullity. Thus the double jeopardy clause problem cited by the majority in Commonwealth v. Brown, 455 Pa. 274, 314 A.2d 506 (1974) does not arise.

I would affirm the judgment of sentence.