COMMONWEALTH v. SIMMONS


239 Pa.Super. 220 (1976)

Commonwealth v. Simmons, Appellant.

Superior Court of Pennsylvania.

March 29, 1976.


Attorney(s) appearing for the Case

Joseph T. Kelley, Jr., and Ettinger, Poserina, Silverman, Dubin & Anapol, for appellant.

Francis C. Barbieri, Jr., 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 PRICE, J., March 29, 1976:

Appellant, Ezekiel Simmons, was arrested on December 20, 1973 on charges of rape, felonious restraint, aggravated assault, robbery, criminal conspiracy and various firearms violations. These charges stemmed from an incident beginning on the evening of December 19, in which a group of armed men entered a home in West Philadelphia and beat, robbed, raped and held captive its occupants until the police arrived on the following morning...

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