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COMMONWEALTH PENNSYLVANIA v. NORMAN FISHER (12/15/76)

decided: December 15, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
NORMAN FISHER, A/K/A CLAYTON E. MORRISON, APPELLANT



NO. 1651 OCTOBER TERM, 1975 Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County at No. 553, 554 September Term, 1974.

COUNSEL

John W. Packel, Asst. Public Defender, Philadelphia, for appellant.

Steven H. Goldblatt, Asst. Dist. Atty., Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Jacobs and Hoffman, JJ., concur in the result.

Author: Van Der Voort

[ 244 Pa. Super. Page 363]

The appellant, Norman Fisher, a/k/a Clayton E. Morrison was arrested when stopped while driving a stolen rental car, on August 17, 1974. One of his two companions was found to have a gun in his possession at the time and two more guns were discovered in an attache

[ 244 Pa. Super. Page 364]

    case in the vehicle. On that date, August 17, 1974, appellant was charged with theft, receiving stolen property, unauthorized use of an auto, violation of the Uniform Firearms Act, unlawful possession of firearms and conspiracy. Several days later, on August 26, 1974, as a result of continued investigation, appellant was charged with:

(1) Theft and receiving stolen property (identification cards and checks earlier stolen from a person named Hays and found in the stolen auto);

(2) Violation of the Uniform Firearms Act and possession of a counterfeit operator's license; and

(3) Theft and receiving stolen property (identification cards, found in the car, earlier stolen from a person named Fisher).

On August 27, 1974, appellant was afforded a preliminary hearing on the initial charges which had been lodged on August 17, 1974, the date of the arrest. Thereafter he was indicted on such charges at Nos. 553-558 September Term, 1974. On February 14, 1975, appellant was tried in the Municipal Court of Philadelphia on all charges which had been lodged on August 26, 1974. He was found guilty of receiving the stolen documents of Hays and guilty of violations of the Firearms Act and possession and use of a counterfeit driver's license. Thereafter he was sentenced.

On February 13, 1975, the 180th day following the filing of initial charges on August 17, 1974, the Commonwealth filed a motion for extension of time under Rule 1100(c) of the Pennsylvania Rules of Criminal ...


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