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COMMONWEALTH v. FRAZIER (05/10/68)

decided: May 10, 1968.

COMMONWEALTH
v.
FRAZIER, APPELLANT



Appeals from judgments of Court of Quarter Sessions of Philadelphia County, Jan. T., 1966, Nos. 983 and 984, in case of Commonwealth of Pennsylvania v. Rowal Frazier.

COUNSEL

Thomas R. Kellogg, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

John M. Phelan, Assistant District Attorney, with him Michael J. Rotko, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Concurring Opinion by Montgomery, J.

Author: Per Curiam

[ 212 Pa. Super. Page 216]

Judgments of sentence affirmed.

Disposition

Judgments affirmed.

Concurring Opinion by Montgomery, J.:

I concur in the per curiam order of affirmance in this case for the reasons hereinafter stated.

Appellant was charged with raping the prosecutrix Annie Battles, who positively identified him at the trial as one of five persons who had dragged her into an alley and raped her three times. During the incident the police arrived and shot one of the fleeing group. That one was this appellant who was immediately apprehended, taken to the police station and identified by the victim.

At the non-jury trial before the Honorable Stanley M. Greenberg, Judge, the clothing the appellant had been wearing was produced and Mrs. Agnes Malatratt Douglas (sometimes referred to as Mrs. Agnes Malatratt), a person described as a criminalistic technician employed by the City of Philadelphia, testified that a hole in the clothing was a bullet hole and that certain stains thereon were bloodstains. This witness had, previous to this trial, appeared in the courts of Philadelphia on many cases in her capacity as an expert in her field, and in fact she was recognized generally as a person of great knowledge of such matters by reason of her twenty years of experience. Although appellant's counsel ...


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