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COMMONWEALTH PENNSYLVANIA v. JERRY BRAXTON (01/25/82)

submitted: January 25, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
JERRY BRAXTON, APPELLANT



No. 2164 Philadelphia, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County, No. 2046 April Term, 1979.

COUNSEL

John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Wieand, Cirillo and Popovich, JJ.

Author: Wieand

[ 305 Pa. Super. Page 512]

Jerry Braxton was tried without jury and convicted of robbery. On direct appeal, he contends that the Commonwealth failed to prove that he had been preliminarily arraigned within six hours of arrest and that, therefore, his post arrest confession should have been suppressed. There is no merit in this contention; and, therefore, the judgment of sentence will be affirmed.

The facts have been recited in the opinion of the Honorable Levy Anderson. "Shortly after midnight on April 22, 1979, a 'grandpop' squad of four police officers was on duty in the vicinity of 12th and Market Streets in Philadelphia, Pennsylvania. Officers Charles Miller, Paul Raley and Michael Turci were in street clothes. Officer Paul Domenic was dressed as an elderly man. He was wearing old clothes and a gray wig.

[ 305 Pa. Super. Page 513]

"Domenic proceeded to walk east on the north side of Market Street. The defendant was observed walking about fifteen to twenty feet behind him. Domenic entered the foyer of the Reading Terminal. The defendant followed, started up a flight of stairs and turned and looked at Domenic. Domenic started to walk down a flight of stairs leading to a subway concourse; the defendant followed.

"When he reached the concourse, Domenic walked fifteen yards east and stood near a wall. The defendant, who was carrying a vinyl bag, approached him and asked if he wanted to buy a coat. The defendant pulled a vest from his bag. Domenic said, 'That is not a coat.'

"The defendant then pulled a pint-size liquor bottle from his bag, pushed Domenic against the wall, waived the bottle in Domenic's face and said, 'give me your money or I will bust your mother fucking head.'

"The defendant searched Domenic, while continuing to threaten him. The defendant took two one dollar bills wrapped around a bundle of theatrical money from Domenic's pocked [sic]. The defendant then put the bottle back in the bag, ...


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