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COMMONWEALTH v. GILMORE

231 Pa.Super. 46 (1974)

Commonwealth v. Gilmore, Appellant.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

Robert H. Finkel, with him Irwin Lee Gross, and LaCheen, Doner and Lacheen, for appellant.

John H. Isom, Assistant District Attorney, with him Mark Sendrow, David Richman, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY HOFFMAN, J., September 23, 1974:

In this appeal from a judgment of sentence for burglary, robbery, and carrying a concealed deadly weapon, appellant contends that the court below erred in not suppressing physical evidence allegedly seized as a result of an illegal stop of a motor vehicle.1

At approximately 11:20 a.m. on August 23, 1972, two men robbed a small grocery store in West Philadelphia. One of the men held the...

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