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COMMONWEALTH v. OKEEFE (07/13/54)

July 13, 1954

COMMONWEALTH
v.
OKEEFE



COUNSEL

William A. Gray, Francis T. Anderson, Gray, Anderson, Schaffer & Rome, Philadelphia, Glenn E. Mencer, Eldred, for appellant.

R. T. Mutzabaugh, Deputy Dist. Atty., Bradford, C. W. Shattuck, Dist. Atty., Smethport, for appellee.

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

Author: Rhodes

[ 175 Pa. Super. Page 492]

RHODES, President Judge.

This appeal is from conviction and sentence of appellant on a charge of burglary.

[ 175 Pa. Super. Page 493]

The sole question involved on this appeal is whether the evidence was sufficient to sustain the conviction.

On Sunday, June 11, 1950, about nine o'clock in the evening, the proprietor of a sporting goods store, in Kane, McKean County, discovered that five revolvers had been taken from his store during the day. No one was seen to enter or leave the store; and the method of entry does not appear.

Some time between the closing hour on Saturday, June 10th, and the opening hour on Monday, June 12th, two pieces of luggage, six new suits of clothing, and two dozen pairs of gloves had been taken from the Rosenbloom department store in Coudersport, Potter County. There was evidence of an unlawful entry.

A witness testified that appellant had purchased gasoline about 8:30 p. m. on June 11th at Murray's Esso Station located one mile west of Coudersport. He stated that appellant was driving a 1949 black Buick automobile and was accompanied by another man. Coudersport is located in Potter County about fifty miles east of Kane and one hundred miles west of Towanda, Bradford County.

About eleven o'clock on the morning of June 12th, appellant and one Stanley Gusciora left Towanda in the Buick sedan owned and operated by appellant. The car bore license tags of the state of Massachusetts. They were proceeding toward Waverly, New York, when they were stopped and placed under arrest by members of the Pennsylvania State Police. At the time, appellant was driving his car.

Substantially all the articles which had allegedly disappeared from the Kane and Coudersport stores were found in appellant's automobile. Four traveling bags (Commonwealth's exhibits 1, 2, 8, 9) were in the car. A clerk in the Rosenbloom department ...


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