COMMONWEALTH v. ERBY


272 Pa.Super. 469 (1979)

416 A.2d 552

COMMONWEALTH of Pennsylvania v. Arnold ERBY, Appellant.

Superior Court of Pennsylvania.

Filed December 7, 1979.


Attorney(s) appearing for the Case

Robert S. Robbins, Philadelphia, for appellant.

Lee M. Kaplan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


CATANIA, Judge:

Arnold Erby was convicted of robbery and possessing an instrument of crime generally. This was a conviction before a judge sitting without a jury in Philadelphia County. The trial judge sentenced Mr. Erby to three to ten years on the robbery conviction and two and a half to five years on the bill charging possession of an instrument of crime. The defendant has raised three issues on appeal, namely:

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