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COMMONWEALTH v. NASH

457 Pa. 296 (1974)

Commonwealth v. Nash, Appellant. Commonwealth v. Robinson, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

Neil E. Jokelson, with him Mitchell S. Lipschutz, for Nash, appellant.

Andrea Levin, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for Robinson, appellant.

Albert L. Becker, Assistant District Attorney, with him David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, July 1, 1974:

On February 4, 1972, appellants, Alfred Nash and James Robinson, were tried together in the Court of Common Pleas of Philadelphia County, with Nash being convicted of aggravated robbery, aggravated assault and battery and carrying a concealed weapon. Robinson was convicted of aggravated robbery. All charges arose out of the robbery of a bread truck. Post-trial motions were denied and appellants appealed to the Superior...

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