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COMMONWEALTH v. BROWN (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
BROWN, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1970, Nos. 704 to 707, inclusive, in case of Commonwealth of Pennsylvania v. Carl Brown.

COUNSEL

Andrea C. Levin and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, 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. Spaulding, J., joins in this opinion.

Author: Per Curiam

[ 220 Pa. Super. Page 248]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 220 Pa. Super. Page 249]

Dissenting Opinion by Hoffman, J.:

Appellant and a co-defendant were charged with burglary and aggravated robbery. At a suppression hearing appellant asserted that identifications of him by Geddie Smith and James Bostick (the victims) were illegal because they were conducted in a suggestive manner and without appellant's counsel being present.

Testimony by the victims indicated that at approximately 2:00 a.m. on the morning of April 1, 1970, appellant and his co-defendant broke into Smith's room and robbed him. Smith testified that he saw appellant for only a brief period of time before he was told to bend over and keep his head down. The robbers then directed Smith to escort them to Bostick's room and convince Bostick to open his door. The robbers and Smith entered Bostick's room and Smith was told to sit down and look at the floor. Appellant took some money from under Bostick's pillow and then attempted to threaten him into disclosing the location of additional funds. When this proved unsuccessful, the robbers told both victims to lie on the floor, covered them with a bedspread and fled.

A few minutes later Bostick notified the police of the robbery. Smith was subsequently taken to the police station, where he remained for approximately ten minutes. Smith was then driven to a street corner a few blocks from his residence where appellant and his co-defendant were displayed to him while in ...


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