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FARMS APPEAL (06/12/70)

decided: June 12, 1970.

FARMS APPEAL


Appeal from order of Court of Common Pleas, Family Division, of Philadelphia, June T., 1969, No. 156162, in re Ronald Farms.

COUNSEL

Miriam L. Gafni, with her Paula S. Gold, Chief, Family Division, and Vincent J. Ziccardi, Acting Public Defender, for appellant.

James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Hoffman

[ 216 Pa. Super. Page 446]

Appellant was adjudicated delinquent and committed to Camp Hill for shooting a young girl during a juvenile gang fight in North Philadelphia.

Several hearings were held in this matter.

At the first hearing, the girl who was shot testified. She said she was on the street when two "warring" gangs confronted each other. She was shot in the leg but could not identify her assailant.

At the second hearing, Richard Hines, a juvenile present during the gang fight, testified. He said he was not involved in the fight but was just "talking to a girl" on the street. He said he saw the shooting and that appellant had shot the girl. Furthermore, he identified appellant at the police station afterward.

Appellant called his mother. According to her testimony, before the time of the shooting, her son said he was going to the playground. She did not see him again until after the time of the shooting, when he came home. Then, a policeman came, one Officer Frances, to pick her son up. She went with appellant in the officer's car to the scene of the shooting. There, Hines stood outside the car and when confronted with appellant, asked "who is that in the car."

Two alibi witnesses were also called by appellant. One was an employee of the Department of Recreation. He said appellant came to the playground at the time in question and played there for an extended period of time. A second witness, a juvenile, said that

[ 216 Pa. Super. Page 447]

    appellant was at the playground at the time in question while the ...


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