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COMMONWEALTH v. LEE

215 Pa.Super. 240 (1969)

Commonwealth v. Lee, Appellant.

Superior Court of Pennsylvania.

September 12, 1969.

Attorney(s) appearing for the Case

Edward F. Kane, with him Bean, DeAngelis, Tredinnick & Giangiulio, for appellant.

Richard A. Devlin, Assistant District Attorney, with him Paul W. Tressler, Assistant District Attorney, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION BY HOFFMAN, J., September 12, 1969:

In this appeal, appellant attacks his conviction which was based upon a post-United States v. Wade, 388 U.S. 218 (1967), identification by the prosecuting witness.

Appellant was charged with the holdup of a retail store. At trial, the manager of the store testified that two men held him up at 11:30 at night. At 2:00 a.m. the manager was brought to the police station where the...

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