COM. v. MARVEL


271 Pa.Super. 11 (1979)

411 A.2d 1254

COMMONWEALTH of Pennsylvania v. Norman F. MARVEL, Appellant.

Superior Court of Pennsylvania.

Filed October 12, 1979.


Attorney(s) appearing for the Case

James P. McHugh, Chester, for appellant.

David E. Fritchey, Assistant District Attorney, Chief, Law and Appeals Unit, Media, for Commonwealth, appellee.

Before WIEAND, NIX and WEKSELMAN, JJ.


WEKSELMAN, Judge:

Appellant and an accomplice attempted to rob a tavern in Chester, Pa., on October 13, 1976. Appellant, wearing a stocking mask, held a revolver on the patrons while his accomplice emptied the cash register. Appellant then asked the patrons for their wallets. One of the patrons was Morris Albany, an off-duty police officer. Albany, instead of complying with appellant's order, attempted to disarm appellant and the two became engaged in a scuffle and...

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