John Edward Sheridan, Philadelphia, for appellant.
Malcolm Berkowitz, Asst. Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., and Richardson Dilworth, Dist. Atty., Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.
[ 173 Pa. Super. Page 546]
On his second trial, appellant was convicted and later sentenced for receiving stolen goods after a trial by a judge without a jury. After appellant's demurrer was overruled he moved for a directed verdict without presenting any evidence. This motion was denied. He appealed from the dismissal of his motion for a new trial, and questions: (1) The action of the trial judge in allowing an amendment of the indictment;
[ 173 Pa. Super. Page 547]
and (2) the sufficiency of the evidence to sustain the finding of the court below.
On August 23, 1950 a time chartered vessel operated by the Isbrandtsen Company docked at Pier 48, located at Delaware and Washington Avenues, Philadelphia, with a shipment of lead ingots consigned to the Economic Cooperation Agency, an agency of the United States Government. The Government purchased these ingots from the Continental Lead Corporation, which shipped them through its foreign supplier in Rotterdam, Holland, on two separate and original bills of lading, covering 9,892 and 26,763 ingots respectively. Title and risk of loss passed to the government when the ingots were loaded on the vessel and 'clean on-board bills of lading' were signed by the steamship company's duly authorized representative. After the vessel docked, the count showed three ingots short after discharge of the cargo from the vessel to the dock. A second count, made as these ingots were loaded from the dock to the railroad cars on Pier 48, showed a total of fifty-one ingots missing.
On August 24, 1950, at about 5:40 p. m., appellant was arrested while his automobile was parked in front of a junk shop at 719 South 12th Street, Philadelphia. The arresting officers noticed that the automobile was 'hanging low in the rear' and upon investigation found four lead ingots in the back seat. Appellant was taken to police headquarters where Detective Coan questioned him. He told Coan that he got the ingots from three stevedores he knew near the pier at Delaware and Washington Avenues. Appellant said that when he met the three stevedores, they had ten ingots with them and gave them to him because he said he could sell the ingots fro them. The place where appellant said he received the ten ingots was within 40 feet of the entrance to the pier near which a quantity of the ingots
[ 173 Pa. Super. Page 548]
then being loaded onto railroad cars for shipment to the consignee was stored. Appellant drove away with the ten ingots in his car. The arresting officers recovered four ingots from appellant's automobile and recovered the remaining six ingots at appellant's home.
After the police notified the steamship company that they had recovered certain lead ingots, an agent for the company identified them. The agent stated the ingots were of the same description as those removed from the ship and the size and shape ...