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COMMONWEALTH v. HAYES, et al.

237 Pa.Super. 510 (1975)

Commonwealth, Appellant, v. Hayes et al.

Superior Court of Pennsylvania.

December 1, 1975.

Attorney(s) appearing for the Case

James Garrett, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellant.

Harry R. Seay, submitted a brief for appellee, Westley Hayes.

Andrea Commaker Levin, Assistant Defender, with her John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for appellee, David Green.

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

OPINION BY VAN DER VOORT, J., December 1, 1975:

On August 1, 1974, at approximately 1:30 p.m., John Walsh, a sergeant with the Philadelphia Police Department, was cruising in an unmarked patrol car when he observed two men, appellees Westley Hayes and David Green, sitting in a green and black Mustang, parked in front of an apartment building in an area in which there had recently been a number of burglaries. Since the automobile in which the men were sitting matched...

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