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COMMONWEALTH v. TOWBER

190 Pa.Super. 93 (1959)

Commonwealth v. Towber, Appellant.

Superior Court of Pennsylvania.

July 3, 1959.

Attorney(s) appearing for the Case

Stephen J. McEwen, Jr., with him Stephen J. McEwen, for appellant.

Ernest L. Green, Jr., Assistant District Attorney, with him J. Harold Hughes, First Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY HIRT, J., July 3, 1959:

The defendant was indicted on charges of burglary, robbery and other related offenses arising from the same set of circumstances. Leonard J. Fitzgerald, a co-defendant pleaded guilty to all of the charges. Towber whose defense was an alibi, was found guilty as indicted and was sentenced.

Shortly after two o'clock in the early morning of October 26, 1957, two masked men...

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