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COMMONWEALTH v. KINNARD

230 Pa.Super. 134 (1974)

Commonwealth v. Kinnard, Appellant.

Superior Court of Pennsylvania.

September 23, 1974.

Attorney(s) appearing for the Case

Hugh S. Rebert, Assistant Public Defender, for appellant.

Morrison B. Williams, Deputy District Attorney, and Donald L. Reihbart, District Attorney, for Commonwealth, appellee.

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

OPINION BY VAN der VOORT, J., September 23, 1974:

Appellant, James Kinnard, was arrested on January 3, 1973, and charged with rape and robbery. The charges rose out of an incident which occurred on December 29, 1972, at approximately 7:35 P.M., when four men entered the book store in which a female clerk was working alone. One individual, wearing a green knit cap and tan jacket, entered the store slightly ahead of the others and asked the clerk if the store carried...

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