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COMMONWEALTH v. DUNCAN

239 Pa.Super. 539 (1976)

Commonwealth v. Duncan, Appellant.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

Ellen T. Greenlee, Assistant Defender, with her John W. Packel, Assistant Defender, and Benjamin Lerner, Defender, for appellant.

Neil Kitrosser, 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, appellee.

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

OPINION BY VAN DER VOORT, J., March 29, 1976:

On May 9, 1974, Deborah Hartman, a student at the University of Pennsylvania, was studying for an exam, alone in the lounge area of one of the dormitories. Between 12:30 A.M. and 1:00 A.M., appellant Darryl Duncan (who was not enrolled at the University) entered the lounge and spoke with Miss Hartman about using a hot plate which was in the lounge area. Miss Hartman...

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