COM. v. SMITH


260 Pa.Super. 38 (1978)

393 A.2d 1001

COMMONWEALTH of Pennsylvania v. Brian SMITH, Appellant.

Superior Court of Pennsylvania.

Decided November 3, 1978.


Attorney(s) appearing for the Case

Stephen F. Ritner, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


CERCONE, Judge:

The instant appeal arises from appellant's conviction, following a trial without jury, for robbery, criminal conspiracy, possession of instruments of a crime, and possession of a weapon. The only question raised in this appeal is whether the court erred in refusing to suppress identification testimony of the victim, insofar as that testimony referred to and was based upon an allegedly illegal line-up.

On the night of March 22, 1976, Daniel...

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