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COMMONWEALTH v. RUCKER

403 Pa. 262 (1961)

Commonwealth v. Rucker, Appellant.

Supreme Court of Pennsylvania.

March 23, 1961.

Attorney(s) appearing for the Case

Louis Lipschitz, with him Benjamin R. Donolow, for appellant.

Arlen Specter, Assistant District Attorney, with him William H. Wolf, Jr. and Robert W. Williams, Jr., Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BELL, March 23, 1961:

On December 13, 1958, at approximately 9 p.m., defendant with one Carl Melton* forced open the cellar door and entered the grocery store and dwelling of Samuel Schloss and Rose Schloss, his wife, which was located at 311 North Franklin Street, Philadelphia. Their principal objective was to rob the Schlosses, who were each 65 years of age. Melton grabbed Schloss and brutally and mercilessly beat...

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