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COMMONWEALTH v. FORD (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
FORD, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1969, No. 669, in case of Commonwealth of Pennsylvania v. James Ford.

COUNSEL

John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring Opinion by Hoffman, J. Montgomery, J., joins in this concurring opinion.

Author: Per Curiam

[ 220 Pa. Super. Page 241]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Concurring Opinion by Hoffman, J.:

On November 1, 1969, a bread truck driver was robbed while attempting to make a collection. At a suppression hearing the victim testified that one week later police officers came to his house and told him that they had a suspect who fitted the description of the robber. The victim was taken to the police station and told to wait on the second floor. While he was looking out a window over the parking lot, he saw a police wagon drive up. Appellant was taken from the wagon in custody, and at this time was spontaneously identified by the victim. Appellant was then taken inside the station where he was placed behind a desk standing next to a police officer. The victim again identified him as the robber.

[ 220 Pa. Super. Page 242]

Appellant's motion to suppress the out-of-court identification was denied and the witness testified as to this identification at trial. Initially, appellant contends that the confrontation at the police station must be suppressed because it was conducted in an unnecessarily suggestive manner in the absence of counsel.

United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926 (1967), held that "a post-indictment pretrial lineup at which the accused is exhibited to identifying witnesses is a critical stage of the prosecution; that police conduct of such a lineup without notice to and in the absence of his counsel denies the accused his Sixth Amendment right to counsel and calls in question the admissibility at trial of the in-court identifications of the accused by witnesses who attended the lineup." Gilbert v. California, 388 U.S. 263, 272, 87 S. Ct. 1951, 1956 (1967). This Court in ...


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