COMMONWEALTH v. D'ANGELO


214 Pa.Super. 76 (1969)

Commonwealth v. D'Angelo, Appellant.

Superior Court of Pennsylvania.

March 20, 1969.


Attorney(s) appearing for the Case

David Rudovsky, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Joseph J. Musto, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.


OPINION PER CURIAM, March 20, 1969:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant was convicted of aggravated robbery. This appeal, which attacks the prosecuting witness' identification, follows:

At trial, the prosecuting witness testified that he was held up at gunpoint in his grocery store at which time he faced the robber for one or two minutes. Fifteen minutes later, the prosecuting witness notified the police...

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