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COMMONWEALTH v. FOOSE

441 Pa. 173 (1971)

Commonwealth v. Foose, Appellant.

Supreme Court of Pennsylvania.

January 7, 1971.

Attorney(s) appearing for the Case

Thomas C. Carroll, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Deborah E. Glass, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, January 7, 1971:

Following a jury trial appellant was convicted and sentenced on charges of aggravated robbery and conspiracy.1 On direct appeal the Superior Court affirmed per curiam over the dissent of two judges. Com. v. Foose, 216 Pa.Super. 209, 263 A.2d 780 (1970).2 We granted allocatur.

On February 3, 1965, a robbery...

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