COMMONWEALTH v. CAIN


272 Pa.Super. 582 (1979)

416 A.2d 1049

COMMONWEALTH of Pennsylvania v. Timothy D. CAIN, Appellant.

Superior Court of Pennsylvania.

Filed December 14, 1979.

Reargument Denied February 15, 1980.


Attorney(s) appearing for the Case

Mitchell Lipschutz, Philadelphia, for appellant.

Steven J. Cooperstein, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


CAVANAUGH, Judge:

The appellant was convicted of aggravated assault, criminal conspiracy, possession of an instrument of crime and robbery after a four day trial before GUARINO, J. and a jury. His motions for new trial and arrest of judgment were denied and he appeals from the judgment of sentence.

Reviewing the evidence in the light most favorable to the Commonwealth, the following are the facts. On Saturday, July 30, 1977, appellant who was nineteen years...

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