COM. v. BURGESS


319 Pa.Super. 501 (1983)

466 A.2d 656

COMMONWEALTH of Pennsylvania, Appellant, v. Titus BURGESS.

Supreme Court of Pennsylvania.

Filed October 7, 1983.


Attorney(s) appearing for the Case

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

Dennis J. Cogan, Philadelphia, submitted a brief on behalf of appellee.

Before ROWLEY, WIEAND and CIRILLO, JJ.


ROWLEY, Judge:

The Commonwealth appeals from an order granting appellee's motion to suppress the identification testimony of an eyewitness. The trial court suppressed the evidence on the ground that it was "tainted by unduly suggestive police procedures" and lacked sufficient independent sources to render it admissible. We disagree and, therefore, reverse.

Initially we must determine whether the Commonwealth's appeal is properly before us. Recently in Commonwealth...

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