COMMONWEALTH v. McNEAR


238 Pa.Super. 177 (1975)

Commonwealth v. McNear, Appellant.

Superior Court of Pennsylvania.

December 22, 1975.


Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for appellant.

David Fabe Michelman, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy 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 VAN DER VOORT, J., December 22, 1975:

On the night of November 7, 1974, appellant in the company of two other men was walking down Wharton Street in Philadelphia at a rapid pace. Officer Hanratty who was riding in an unmarked police car stopped and got out of the car. Upon seeing the police officer, the appellant dropped a gun from his hand to the street in front of a parked car and walked away from it. Officer Hanratty apprehended the appellant and retrieved...

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