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COMMONWEALTH v. JONES (03/31/75)

decided: March 31, 1975.

COMMONWEALTH
v.
JONES, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1971, Nos. 2320 to 2323, inclusive, in case of Commonwealth of Pennsylvania v. Ralph Jones.

COUNSEL

Sebastian M. Rainone, and Rainone & Rainone, for appellant.

Bruce A. Franzel, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J.

Author: Price

[ 233 Pa. Super. Page 462]

Appellant was convicted on January 27, 1972, following a jury trial, of burglary,*fn1 aggravated robbery,*fn2 assault and battery,*fn3 carrying a concealed deadly weapon*fn4 and violation of the Uniform Firearms Act.*fn5 Post-trial motions were filed and denied on June 22, 1972; however, the defendant's motion in arrest of judgment on the charge of carrying a concealed deadly weapon was granted. Appellant was sentenced to ten to twenty years

[ 233 Pa. Super. Page 463]

    imprisonment for aggravated robbery and one to two years imprisonment for assault and battery, sentences to run consecutively. Sentence was suspended on the burglary and weapons counts. A co-defendant was found not guilty on all charges.

Following conviction and sentencing, the appellant appealed to this court, where a judgment of non pros. was entered on April 17, 1973. As the result of a hearing on a petition pursuant to the Post Conviction Hearing Act, Act of Jan. 25, 1966, P.L. (1965) 1580, § 1, et seq. (19 P.S. § 1180-1), appellant was granted leave to file an appeal, nunc pro tunc. This appeal followed pursuant to the granting of the petition.

In this appeal, appellant contends that the police officers lacked sufficient probable cause to arrest and search appellant and, therefore, the evidence found in the search should have been suppressed by the lower court. We find no merit to appellant's contention, and affirm the judgment of sentence.

The facts may be summarized as follows: On February 20, 1971, Geraghty's Bar, located in Philadelphia, was robbed by two men. The two men entered the bar carrying guns, with one man reaching into the cash register and removing money. One of the men also struck a patron on the forehead with a pistol. This patron was later able to identify the assailant as the appellant.

As the two men drove away, a patron noticed that the automobile had a red bottom and a black top. Prior to the robbery, two neighborhood children had observed a red automobile with a black top riding up and down the street in front of the bar. Each child memorized one-half of the six digit license plate. One child told the investigating detective that the first three ...


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