COM. v. TOOMBS


269 Pa.Super. 256 (1979)

409 A.2d 876

COMMONWEALTH of Pennsylvania v. Michael TOOMBS, Appellant.

Superior Court of Pennsylvania.

Filed September 7, 1979.


Attorney(s) appearing for the Case

Albert M. Scibello, Assistant Public Defender, Media, for appellant.

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

Before PRICE, SPAETH and LIPEZ, JJ.


SPAETH, Judge:

Appellant was convicted by a jury of robbery, burglary, theft by unlawful taking, simple assault, and conspiracy. After his post-verdict motions were denied, he was sentenced to two to four years in prison.

Appellant first argues that the trial judge's extensive examination of defense witnesses was an abuse of discretion because in questioning the witnesses the judge assumed the role of the prosecutor and prejudiced appellant's case in the eyes...

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