COMMONWEALTH v. FLAHERTY, et al.


167 Pa.Super. 19 (1950)

Commonwealth v. Flaherty, Appellant et al.

Superior Court of Pennsylvania.

July 20, 1950.


Attorney(s) appearing for the Case

Robert L. Prior, with him L. Pat McGrath and McGrath, McGrath & McGrath, for appellant.

Marjorie H. Matson, Assistant District Attorney, with her William S. Rahauser, District Attorney and Samuel Strauss, Assistant District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.


OPINION BY RENO, J., July 20, 1950:

Appellant and four others were convicted of armed robbery in Pittsburgh where a $2900 payroll was stolen. Only two errors are alleged, although the trial consumed six full days.

After the trial had proceeded for several hours and the testimony of three witnesses had been taken, appellant moved for a severance. Manifestly, the request came too late. In any event the action of a trial court upon a request for a separate trial...

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