Commonwealth v. Whitner

VAN der VOORT, Judge:

Allen Whitner was tried before a jury and convicted of robbery,1 unauthorized use of an automobile,2 criminal conspiracy,3 possession of instruments of crime,4 unlawful restraint,5 simple assault6 and aggravated assault.7 On this direct appeal, he makes several averments of error.

*180On February 17, 1977, at or about 1:00 A.M., Paul Kretovich was entering his parked car when two men approached the driver’s side of his vehicle. One of the men, Vanders Richardson, pulled the door open and struck Kretovich several times on the head with a gun. A second man, Allen Whitner,…