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COMMONWEALTH v. FOOSE

216 Pa.Super. 209 (1970)

Commonwealth v. Foose, Appellant.

Superior Court of Pennsylvania.

March 19, 1970.

Attorney(s) appearing for the Case

Jonathan P. Axelrod, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Deputy District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, March 19, 1970:

Judgment of sentence affirmed.

SPAULDING, J., dissents.

DISSENTING OPINION BY HOFFMAN, J.:

On February 3, 1965, two armed men held up a bar in Philadelphia. During the holdup a Texaco credit card was taken from one of the patrons, John Shinners. Six days later two men entered an Atlantic service station in Abington, Pa., which was attended by Lawrence J. Kinsler. One of the men, identified by Kinsler as Otis...

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