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COMMONWEALTH PENNSYLVANIA v. JONATHAN GLENN (09/23/80)

filed: September 23, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
JONATHAN GLENN, A/K/A KEVIN GLENN, APPELLANT



No. 696 October Term 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia at No. 1135 August Term 1977.

COUNSEL

Natale F. Carabello, Jr., Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Brosky, Wickersham and Eagen, JJ.*fn*

Author: Per Curiam

[ 280 Pa. Super. Page 301]

Jonathan Glenn, appellant, was convicted of robbery*fn1 following a non-jury trial in the Court of Common Pleas of Philadelphia. Judgment of sentence of two and one-half to five years imprisonment was imposed. This appeal followed.

[ 280 Pa. Super. Page 302]

Glenn advances four assignments of error. First, he argues he was arrested without probable cause and, as a result, an identification of him was tainted. Second, he argues the identification procedure utilized by the police was unduly suggestive. Third, in an apparently related argument, he argues the Commonwealth failed to meet its burden of establishing the admissibility of identification testimony. Fourth, he argues the evidence is insufficient to support the verdict.*fn2

Since only the fourth issue was included in written post-verdict motions, we need only address that issue as the first three are waived. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975); Pa.R.Crim.P. 1123.

18 Pa.C.S.A. ยง 3701, in pertinent part, defines robbery:

"(a) Offense defined. -

(1) A person is guilty of robbery if, in the course of committing a theft, he:

(v) physically takes or removes property from the person of another by ...


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