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COMMONWEALTH v. THOMAS (03/30/72)

decided: March 30, 1972.

COMMONWEALTH
v.
THOMAS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1969, No. 9, in case of Commonwealth of Pennsylvania v. Ralph Thomas.

COUNSEL

Neil Jokelson 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.

Author: Per Curiam

[ 222 Pa. Super. Page 112]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from appellant's conviction for aggravated robbery. Appellant waived his right to trial by jury.

The evidence adduced at trial established that the prosecutrix and her roommate were walking on Pine Street in Philadelphia at 9:00 p.m., when they were

[ 222 Pa. Super. Page 113]

    approached by appellant and a juvenile. The appellant and the juvenile split and went around the girls. The juvenile then grabbed the prosecutrix' purse and struggled with her for several minutes. During this struggle the prosecutrix and the juvenile were yelling at each other. Finally, the struggle ended, the purse ...


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