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COM. v. BROWN

313 Pa.Super. 256 (1983)

459 A.2d 837

COMMONWEALTH of Pennsylvania v. Earl BROWN, Appellant.

Superior Court of Pennsylvania.

Filed May 6, 1983.

Attorney(s) appearing for the Case

Chester T. Cyzio, Philadelphia, for appellant.

Sarah Vanderbraak, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before CERCONE, President Judge, and SPAETH, CAVANAUGH, WICKERSHAM, BROSKY, BECK and JOHNSON, JJ.

WICKERSHAM, Judge:

This is an appeal from an order denying appellant Brown's petition filed under the Post Conviction Hearing Act1 (hereinafter PCHA). We affirm. The pertinent facts are as follows.

On July 14, 1969, two Philadelphia police officers observed Brown leaving the scene of a burglary with a box containing several items, including a television set. When the officers asked Brown to stop, he dropped the box and

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