Commonwealth v. Pemberton

CERCONE, Judge:

Appellant, Kenneth Pemberton, was convicted by a jury of robbery, conspiracy and possession of an instrument of a crime. In this appeal appellant raises two issues: First, whether the court erred in not declaring a mistrial because a poll of the jury revealed that one juror initially disagreed with the guilty verdict; and, second, whether the court erred in not suppressing identification testimony of a Commonwealth witness.

On Tuesday, January 21, 1975, the Roy Rogers Restaurant at Broad and Stenton Avenue, Philadelphia, was robbed at gunpoint by two men. One man forced a…