COM. v. SIMMONS


335 Pa.Super. 57 (1984)

483 A.2d 953

COMMONWEALTH of Pennsylvania v. Mark SIMMONS, Appellant.

Supreme Court of Pennsylvania.

Filed November 2, 1984.


Attorney(s) appearing for the Case

Cheryl Anne Furey, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, President Judge, and BECK and HOFFMAN, JJ.


SPAETH, President Judge:

This is an appeal from judgment of sentence for robbery, criminal conspiracy, and theft. Appellant argues that the trial judge should have recused himself.1 We agree, and therefore vacate the judgment of sentence and remand for new trial.2

On January 19, 1981, three men robbed a 78 year-old man at knifepoint, taking his money and car. Appellant and another man were caught after...

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