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COM. v. HERBERT

348 Pa.Super. 566 (1985)

502 A.2d 690

COMMONWEALTH of Pennsylvania v. Albert HERBERT, a/k/a Robert Miller, Appellant.

Supreme Court of Pennsylvania.

Filed December 27, 1985.

Attorney(s) appearing for the Case

Harvey L. Anderson, Philadelphia, for appellant.

Elizabeth J. Chambers, Assistant District Attorney, Philadelphia, for Com., appellee.

Before WICKERSHAM, BECK and CERCONE, JJ.

WICKERSHAM, Judge:

The underlying facts to this appeal are as follows:

Defendant was tried on the charges of robbery, theft by unlawful taking and simple assault on June 9, 1982, before the Honorable Nicholas M. D'Alessandro, sitting without a jury. The trial evidence established the following. On July 7, 1981, at about 3:45 P.M., defendant grabbed the elderly, seventy-one year old victim, threw her into a doorway and then repeatedly knocked her...

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