COM. v. CAPONE


282 Pa.Super. 458 (1980)

422 A.2d 1383

COMMONWEALTH of Pennsylvania v. Richard Francis Xavier CAPONE, Appellant.

Superior Court of Pennsylvania.

Filed December 5, 1980.


Attorney(s) appearing for the Case

Robert Scandone, Philadelphia, for appellant.

David M. McGlaughlin, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Before CERCONE, President Judge, and PRICE, SPAETH, HESTER, CAVANAUGH, WICKERSHAM and HOFFMAN, JJ.


HESTER, Judge:

This is an appeal from the order of the trial court denying appellant's motion to expunge his arrest record. The procedural history and facts relevant to the issues on appeal are as follows:

At approximately 10:00 p.m. on January 24, 1977, a silent alarm went off at the jewelry store of Bailey, Banks and Biddle in the Bala Cynwyd Shopping Center in Lower Merion Township, Montgomery County, bringing police to the scene. There were several inches...

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