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COM. v. EL.

273 Pa.Super. 1 (1979)

416 A.2d 1058

COMMONWEALTH of Pennsylvania v. Curtis Jarvis EL, Appellant.

Superior Court of Pennsylvania.

Filed December 14, 1979.

Attorney(s) appearing for the Case

Salvatore J. Cucinotta, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.

CATANIA, Judge:

The defendant was arrested on July 8, 1976, and charged with robbery, possession of an instrument of crime, and violation of the uniform firearms act. The circumstances of the arrest are that the defendant was waiting in a newspaper delivery truck for the newspaper delivery man to return from a delivery. As the delivery man entered the truck, the defendant held a gun on him. He told the delivery man to, "Come on in." The delivery man fled as did the...

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