COMMONWEALTH v. HAWKINS


240 Pa.Super. 56 (1976)

Commonwealth v. Hawkins, Appellant.

Superior Court of Pennsylvania.

April 22, 1976.


Attorney(s) appearing for the Case

Reggie B. Walton and John W. Packel, Assistant Defenders, and Benjamin Lerner, Defender, for appellant.

John DiDonato, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Before WATKINS, P. J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY CERCONE, J., April 22, 1976:

On July 7, 1973, at approximately 5:00 A.M., while sitting on the steps outside her house at 2012 Orianna Street, Roberta Coleman was approached by two men. One, David McDonald, asked her for a glass of cold water and the other, appellant, asked to use her bathroom. Although she did not know the men she nevertheless admitted them to her home. After returning from the bathroom appellant told Miss Coleman: "This is a stick-up...

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