COM. v. HIGGINS


346 Pa.Super. 238 (1985)

499 A.2d 585

COMMONWEALTH of Pennsylvania v. Edward HIGGINS, Jr., Appellant. COMMONWEALTH of Pennsylvania v. Calvin WIGGINS, Appellant.

Supreme Court of Pennsylvania.

Filed August 16, 1985.

Reargument Denied October 24, 1985.

Petition for Allowance of Appeal Denied February 20, 1986.


Attorney(s) appearing for the Case

John J. Stanzione, Assistant Public Defender, West Chester, for appellant in No. 1236.

Samuel C. Stretton, Philadelphia, for appellant in No. 1301.

Stuart B. Suss, Assistant District Attorney, West Chester, for Com. appellee.

Before SPAETH, President Judge, and JOHNSON and SHOYER, JJ.


SPAETH, President Judge:

These are appeals from judgments of sentence for burglary, theft by unlawful taking, receiving stolen property, and criminal conspiracy. Appellants argue (1) that the suppression court erred in denying their motion to suppress, and (2) that the trial court erred in giving a "missing witness" charge to the jury. Appellant Higgins argues that the trial court erred (3) in not discharging him pursuant to Pa.R.Crim.P. 1100, and (4) in refusing...

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