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COMMONWEALTH PENNSYLVANIA v. NICHOLAS SHEPPARD (10/08/82)

filed: October 8, 1982.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
NICHOLAS SHEPPARD



No. 1147 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Trial Division-Criminal Section, of Philadelphia County at No. 80-05-836-37 and 839.

COUNSEL

Garold Edward Tennis, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

Jules Epstein, Assistant Public Defender, Philadelphia, for appellee.

Wickersham, McEwen and Lipez, JJ. McEwen, J., concurs in the result.

Author: Wickersham

[ 305 Pa. Super. Page 284]

On November 19, 1980, Nicholas Sheppard was convicted in a non-jury trial before the Honorable Thomas A. White of the crimes of robbery, theft by unlawful taking or disposition and by receiving stolen property and criminal conspiracy.

On April 22, 1981, Judge White discharged the defendant "under Rule 1100." We reverse and remand for post-verdict proceedings.*fn1

At trial Ann Marie Borget testified that on April 17, 1980 she was coming home from the grocery store, entering her apartment at 45th and Spruce Streets in the City of Philadelphia. She said:

[ 305 Pa. Super. Page 285]

A. Okay. I had my keys and was opening the door.

Q. Which door were you opening?

A. The outside door. Well, there's sort of a vestibule door which requires no keys for entry and then there's an additional door several feet in front of that which requires a key for entry. I was in the process of opening that door and I felt myself being pushed, but it happened very quickly. Then I was inside the door and someone was hitting my head and then I felt my purse being pulled from my left arm, I think it was, and I dropped the grocery bag which was in the other arm and the people took off and I went upstairs and called the police.

Q. Now, other than having the purse pulled from your arm, were you touched in any way?

A. Yeah. The person standing in front of me hit me. I mean I'm not saying he punched me but I felt it was, you know, it was a distraction, and the next thing I knew the purse was being pulled.

Q. Where were you struck?

A. As I remember it, it was very, very quickly and it was on the head and I think on the face, but I'm not sure. I wasn't punched. It was something else.

Q. And approximately how long after the incident actually took place, the purse snatch took place, did the police come back with your items?

A. Okay. I must have placed the call between 20 of and quarter of eight, and the policeman arrived easily ten minutes, if that.

Q. Is that the first one?

A. First one, and probably no more than ...


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