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COMMONWEALTH v. BIANCONE. COMMONWEALTH V. DION (01/19/54)

January 19, 1954

COMMONWEALTH
v.
BIANCONE. COMMONWEALTH V. DION



COUNSEL

Louis Julian Biancone, in pro. per.

William C. Storb, Dist. Atty., Lancaster, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Woodside

[ 175 Pa. Super. Page 7]

WOODSIDE, Judge.

The defendants Louis Biancone and Joseph Dion were found guilty by a jury of robbery with an accomplice while armed. Motions for a new trial were overruled by the court below and from the judgments and sentences the defendants have appealed.

On October 12, 1951 two armed men entered a gasoline station in Lancaster County, Pennsylvania, and at the point of a gun robbed the attendant, Luke Gross.

On December 11, 1951 permission was granted to present indictments to the Grand Jury against the defendants charging them with robbery with accomplice while armed. At the time of this action the defendants were serving sentence imposed by the court of Columbia County and were confined in the Eastern

[ 175 Pa. Super. Page 8]

State Penitentiary. A true bill was found against the defendants the same day. The defendants were tried together before a jury on December 8, 1952.

The defendant, Louis Biancone, was, at his own request, granted permission to represent himself at the trial and defendant, Charles Dion, was represented by counsel. Both defendants were found guilty as charged and were sentenced to the Eastern State Penitentiary for a period of not less than three nor more than six years.

Although a fugitive hearing was held before an alderman on November 30, 1951; and although a true bill was found by a grand jury against the defendants on the offense charged, the defendants contend they did not have sufficient information to prepare an adequate defense for their trial which commenced on December 8, 1952. The defendants did present a motion to quash the indictment on the ground that the Commonwealth would be unable to make out a prima facie case. The court refused and clearly did not abuse its discretion in so doing. Unless there is some abuse of discretion, the refusal to quash is not reviewable in an appellate court. Commonwealth v. Green, 1889, 126 Pa. 531, 540, 17 A. 878; Commonwealth v. Norris, 1925, 87 Pa. Super. 66, 99.

If the defendants deemed themselves unprepared to go to trial they should have moved at this point for a continuance. Ordinarily a new trial will not be granted where no objection was raised at the trial as to lack of time for preparation and no request for additional time was made. 23 C.J.S., Criminal Law, ยง 1432, page 1134. No such request was made and ...


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