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COMMONWEALTH v. WRIGHT (11/13/70)

decided: November 13, 1970.

COMMONWEALTH
v.
WRIGHT, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1968, No. 177, in case of Commonwealth of Pennsylvania v. Anthony Wright.

COUNSEL

Richard Marvin, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James D. Crawford, Deputy 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 Cercone, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 217 Pa. Super. Page 399]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was charged with assault and battery, carrying firearms without a license, larceny of an automobile and receiving stolen goods. Testimony at trial revealed that at approximately 11:30 p.m. a police car received a call to investigate a shooting. While en route the officers received "flash information" to be on the lookout for a brown and white 1961 Chevrolet containing several Negro males. They stopped a "goldish-brown" car of which appellant was one of two male occupants. The officers did not recall where appellant was seated in the car.

[ 217 Pa. Super. Page 400]

The police testified that they originally left the "goldish-brown" car at the scene of the arrest. They indicated that some time during the night they discovered that this was a stolen car. Subsequently it was taken to Northwest Detective Division and later to North Central Detective Division.

The Commonwealth also produced evidence that a 1962 Chevrolet which "looked like green" had been reported stolen three days prior to the arrest. The owner testified that approximately five weeks after the arrest he identified his "green" car at a police station. There ...


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