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COMMONWEALTH v. DeFLEMINQUE

450 Pa. 163 (1973)

Commonwealth v. DeFleminque, Appellant.

Supreme Court of Pennsylvania.

January 19, 1973.

Attorney(s) appearing for the Case

Michael L. Levy, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Linda W. Conley, Assistant District Attorney, with her Milton M. Stein, 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, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, January 19, 1973:

In the predawn hours of October 14, 1970, at approximately 3:20 a.m., police officers of the City of Philadelphia were cruising in a police vehicle in the area of Sixth and Buttonwood Streets. They there observed a white automobile parked in front of Paxson School. One man was observed at the front of the automobile, the hood of which was up. That man was observed to be holding a flashlight. Another man, the appellant...

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