COM. v. DAVIS


264 Pa.Super. 505 (1979)

400 A.2d 199

COMMONWEALTH of Pennsylvania, Appellant, v. Earnest DAVIS.

Superior Court of Pennsylvania.

Decided March 28, 1979.


Attorney(s) appearing for the Case

Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellant.

Rodney W. Baxter, Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


PRICE, Judge:

This appeal by the Commonwealth arises from the order of the court below suppressing two prospective in-court identifications of appellee.1 For the reasons stated herein, we affirm in part and reverse in part.

Evidence adduced at the suppression hearing is as follows. At approximately 9:05 a.m. on November 23, 1976, three men entered the A&P Supermarket on Scranton Avenue in Wilkinsburg. One of the men held the...

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