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COMMONWEALTH v. DAVIS (09/11/69)

decided: September 11, 1969.

COMMONWEALTH
v.
DAVIS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Philadelphia County, Nov. T., 1967, No. 1443, in case of Commonwealth of Pennsylvania v. William C. Davis.

COUNSEL

John W. Packel, Assistant Defender, with him Elizabeth Langford Green and Melvin Dildine, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 215 Pa. Super. Page 193]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 215 Pa. Super. Page 194]

Dissenting Opinion by Hoffman, J.:

This is an attack on pretrial identifications of appellant which were introduced at his trial. The identifications were made subsequent to the filing of United States v. Wade, 388 U.S. 218 (1967), and appellant claims that they were made in violation of the principles set forth in that decision as well as those enunciated in Stovall v. Denno, 388 U.S. 293 (1967).

The facts in this case are as follows:

On November 10, 1967, two men wearing sunglasses robbed the premises of Powers, a beer distributor. Upon leaving the building they were pursued by Powers who fired a shot at them. It appeared to Powers that one of the robbers had been hit in the head by the bullet; both robbers escaped, however. The police were immediately notified of the incident.

Within an hour, a police officer who had heard of the robbery over the police radio, stopped an automobile that had gone through a red light. The driver of the car told the officer that "he had a man that he just picked up at Belmont and Lancaster Avenue [in the immediate vicinity of the robbery] and he said he was suffering from a head wound and said he was wounded by a stray shot when he got off a PTC trolley." The officer further testified that "At that time I seen the defendant and seen he had a piece of cloth to the back of his head. Instead of wasting any more valuable time I phoned for additional help to meet me at Presbyterian Hospital because I had a carload of males and one was wounded, and they might be in connection with the holdup at 1222 Belmont Avenue. So I radioed for additional assistance to meet me at the hospital."

Appellant was taken to the hospital emergency ward. Within several minutes of his arrival at least four more police cars ...


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