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COM. v. TAYLOR

850 A.2d 684 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. James M. TAYLOR, Appellant.

Superior Court of Pennsylvania.

Filed May 11, 2004.

Attorney(s) appearing for the Case

Paul W. Muller, Harrisburg, for appellant.

James P. Barker, Asst. Dist. Atty., Harrisburg, for Com., appellee.

Before: LALLY-GREEN, GANTMAN, and CAVANAUGH, JJ.

LALLY-GREEN, J.:

¶ 1 Appellant, James M. Taylor, appeals from the judgment of sentence entered on May 16, 2003. We affirm.

¶ 2 The facts are as follows.1 On August 13, 2002, Harrisburg Police received a 911 call from the victim, Morris Smith. Smith, an 84-year-old man, had been struck from behind on the right side of the face while in his garage feeding stray cats and birds. As he lay on the ground, Smith felt the perpetrator...

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