COM. v. RODRIGUES


285 Pa.Super. 579 (1981)

428 A.2d 197

COMMONWEALTH of Pennsylvania, v. Pedro RODRIGUES, Appellant.

Superior Court of Pennsylvania.

Filed April 3, 1981.


Attorney(s) appearing for the Case

Bruce D. Foreman, Harrisburg, for appellant.

Marion E. MacIntyre, Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Before CERCONE, President Judge, and WATKINS and MONTGOMERY, JJ.


MONTGOMERY, Judge:

Appellant and two co-defendants were charged with Robbery and Theft by Unlawful Taking on February 7, 1977. The facts which led to the prosecution in this case are as follows: On December 21, 1976, three armed men wearing ski masks entered Fat's Snack Shop in Harrisburg, Pennsylvania. The attendant, believing the hold-up to be a joke, went up to one man and pulled off his cap mask. He immediately...

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