Commonwealth v. Rodrigues

MONTGOMERY, Judge:

Appellant and two co-defendants were charged with Robbery and Theft by Unlawful Taking on February 7, 1977. The facts which led to the prosecution in this case are as follows: On December 21, 1976, three armed men wearing ski masks entered Fat’s Snack Shop in Harrisburg, Pennsylvania. The attendant, believing the hold-up to be a joke, went up to one man and pulled off his cap mask. He immediately recognized Luis Cortes, appellant’s co-defendant. The robbery was completed and the assailants left. Mr. Cortes was later captured and informed the police of the identity of the…