COM. v. MIDDLETON


260 Pa.Super. 571 (1978)

394 A.2d 1293

COMMONWEALTH of Pennsylvania v. Reginald MIDDLETON, Appellant.

Superior Court of Pennsylvania.

Decided December 7, 1978.


Attorney(s) appearing for the Case

Lee Mandell, 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.


VAN der VOORT, Judge:

Appeal is taken from judgments of sentence rendered following a jury trial and verdicts of guilty of robbery and criminal conspiracy. "Crimes Code", Act of 1972, Dec. 6, P.L. 1482, 18 Pa.C.S. §§ 3701 and 903. This trial commenced on December 16, 1976, after a mistrial had been granted in the case due to a deadlocked jury. Post-trial motions were made and denied.

Concisely stated, these are the facts. In the evening of October...

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