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COM. v. KENON

333 Pa.Super. 366 (1984)

482 A.2d 611

COMMONWEALTH of Pennsylvania v. Gerald KENON, Appellant.

Supreme Court of Pennsylvania.

Filed September 21, 1984.

Petition for Allowance of Appeal Denied March 4, 1985.

Attorney(s) appearing for the Case

William J. Perrone, Norristown, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.

Before TAMILIA, JOHNSON and HESTER, JJ.

HESTER, Judge:

In late morning of October 27, 1981, Carey Kressler was driving a delivery truck for his employer, Stroehman Bakery. He double-parked on the twenty-one hundred block of Dauphin Street in the City of Philadelphia in order to make a delivery.

As Kressler walked to the inside rear of the truck to remove stock, appellant, Gerald Kenon, entered the truck from the driver's side. Armed with a thirty-eight caliber

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