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COMMONWEALTH v. THOMAS

450 Pa. 125 (1973)

Commonwealth v. Thomas, Appellant.

Supreme Court of Pennsylvania.

January 19, 1973.

Attorney(s) appearing for the Case

James Donohue, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, January 19, 1973:

On September 29, 1969, at approximately 9:15 p.m., Karolyn Miller, a student at Temple University, was walking with a friend down Pine Street toward Tenth Street in Philadelphia. In Miss Miller's words: "A. . . . We were walking towards 10th Street and there were two boys, teenage Negro boys coming towards us and, as we stepped off the curb in the small street, and they stepped...

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