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COMMONWEALTH PENNSYLVANIA v. JOHNNIE HUTCHINSON (08/28/81)

filed: August 28, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
JOHNNIE HUTCHINSON, APPELLANT



No. 2071 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, of Philadelphia County, Criminal Trial Division, Nos. 1080, 1082, 1084, 1086, 1088, 1090 August Term, 1976

COUNSEL

Dennis Kelly, Assistant Public Defender, Philadelphia, for appellant.

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

Wickersham, Hoffman and Van der Voort, JJ.

Author: Hoffman

[ 290 Pa. Super. Page 259]

Following a jury trial, appellant was convicted of five counts of robbery and one count each of possession of an instrument of crime and involuntary deviate sexual intercourse. Finding no merit in any of appellant's contentions, we affirm.

I.

Early in the afternoon of July 30, 1976, a man wearing a blue checked shirt and brandishing a gun robbed the West Oak Lane Medical Center and committed an act of involuntary deviate sexual intercourse upon one of the robbery victims. The man stole some credit cards, six car wash slips, and approximately eight hundred dollars. Two of the victims identified appellant as the perpetrator, whereupon the police successfully sought a search warrant for appellant's home. The probable cause section of the affidavit stated, in its entirety:

On 7/30/76 at approx. 1:30 P.M., a negro male later identified as Johnnie Hutchinson 22 N/M, res. 7426 Briar Rd. entered the West Oak La. Medical Center located at 7353 Limekiln Pk. This male produced the aforementioned gun and proceeded to rob the doctor, nurse and two patients.

Taken in this robbery was approx. $800 total from the victims, and also taken were approx. 6 car wash slips in the nameof [ sic ] Flourtown Car Wash.

[ 290 Pa. Super. Page 260]

On 7/30/76 at approx. 6:00 P.M., the Affiant displayed 50 or more photos to Complainants, Dr. Jack Solot and Phyllis Till. Each of the complainants identified Hutchinson without question as to the person responsible for this said robbery.

The subsequent search of appellant's home revealed, inter alia, a blue checked shirt matching that worn by the perpetrator and a .22 caliber gas pellet gun. These ...


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