COM. v. KIRKMAN


264 Pa.Super. 170 (1979)

399 A.2d 720

COMMONWEALTH of Pennsylvania, Appellant, v. Kevin B. KIRKMAN.

Superior Court of Pennsylvania.

Decided March 9, 1979.


Attorney(s) appearing for the Case

Robert L. Eberhardt and Charles W. Johns, Assistant District Attorneys, Pittsburgh, for Commonwealth, appellant.

No appearance entered nor brief filed for appellee.

Before PRICE, HESTER and LIPEZ, JJ.


HESTER, Judge:

This is a Commonwealth appeal from an order granting appellee's motion in arrest of judgment after a non-jury trial which resulted in a verdict of guilty of two counts of robbery.

The procedural history and facts relevant to this appeal are as follows:

Two robberies took place on July 22, 1977 in McKeesport, Pennsylvania. The first occurred at approximately 11:00 P.M. as the victim, Daniel O'Brien, was walking along a main thoroughfare...

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