COM. v. DRUMGOOLE


341 Pa.Super. 468 (1985)

491 A.2d 1352

COMMONWEALTH of Pennsylvania, Appellant, v. Mahlon W. DRUMGOOLE, Appellee.

Supreme Court of Pennsylvania.

Filed March 8, 1985.

Reargument Denied May 15, 1985.


Attorney(s) appearing for the Case

Maxine Stotland, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Stanton M. Lacks, Doylestown, for appellee.

Before ROWLEY, McEWEN and HOFFMAN, JJ.


OPINION OF THE COURT

ROWLEY, Judge:

In May, 1983, appellee Mahlon W. Drumgoole was convicted in a non-jury trial of robbery, aggravated assault and criminal conspiracy. During the robbery, which was committed on November 19, 1982, the sixty-one year old victim was shot by appellee's accomplice. At the subsequent sentence hearing, the Commonwealth requested that appellee be given a minimum sentence for...

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