COMMONWEALTH v. WRIGHT


240 Pa.Super. 4 (1976)

Commonwealth v. Wright, Appellant.

Superior Court of Pennsylvania.

April 22, 1976.


Attorney(s) appearing for the Case

Joel S. Perr, for appellant.

Robert L. Eberhardt, Assistant District Attorney, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellee.

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


OPINION BY WATKINS, P.J., April 22, 1976:

This is an appeal from the judgment of sentence entered on conviction in a non-jury trial of the charge of rape in the Court of Common Pleas of Allegheny County, Criminal Division, and from denial of post-trial motions.

The single issue presented is whether the Commonwealth showed an in-court identification, independent of, and not tainted by, a prior lineup identification which had been suppressed.

The victim...

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