COMMONWEALTH v. CARTER


223 Pa.Super. 148 (1972)

Commonwealth v. Carter, Appellant.

Superior Court of Pennsylvania.

November 28, 1972.


Attorney(s) appearing for the Case

Alan R. Gordon, with him Joseph Hakun, and MacCoy, Evans & Lewis, for appellant.

Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, November 28, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY PACKEL, J.:

This robbery conviction stands or falls upon the sole identification by the victim. A motion to suppress her identification testimony on the ground that a lineup was unnecessarily suggestive was denied and the defendant was found guilty in a trial without a jury.

On an admittedly dark evening, before street lights were turned on, a person...

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