Appeal, No. 101, Oct. T., 1955, from judgment of Court of Quarter Sessions of Philadelphia County, Nov. T., 1953, No. 896, in case of Commonwealth of Pennsylvania v. Michael Snow. Judgment affirmed.
Donald J. Goldberg, with him Joseph Patrick Gorham, Garfield W. Levy and Albert S. Oliensis, for appellant.
Christopher F. Edley, Assistant District Attorney, with him Victor Wright, Assistant District Attorney, and Samuel Dash, First Assistant District Attorney, for appellee.
Before Rhodes, P.j., Ross, Gunther, Wright, Woodside and Ervin, JJ. (hirt, J., absent).
[ 178 Pa. Super. Page 321]
This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Philadelphia County after a verdict of guilty. Defendant had been indicted on charges of burglary, larceny and receiving stolen goods. The court withdrew the count of receiving stolen goods from the consideration of the jury.
From the evidence at the trial it appeared that between 6:00 and 6:30 a.m. on October 26, 1953, the Columbia Social Club in Philadelphia was broken into and ransacked. Approximately $50.00 was missing from a jar representing funds for a "Kiddies Christmas party." Mr. Brzeccek, president of the club, testified that he saw appellant and another man standing in the barroom by the cash register. He yelled "halt" to the two men and ran outside and yelled "help" and then saw the appellant come out of the ladies' room window with a crowbar with which he tried to attack Brzeccek. Thomas Atwood, one of the two men, got away but Brzeccek and an iceman apprehended the appellant. They took him inside and called the police,
[ 178 Pa. Super. Page 322]
who arrived a short time later and took the appellant into custody and confiscated $23.00 from his person.
After the Commonwealth presented its evidence, Atwood changed his plea to guilty upon the advice of his lawyer, who was satisfied as to the identification of his client by the iceman.
The principal question raised on this appeal is whether the lower court abused its discretion in refusing appellant's application for a continuance of the case. The crime occurred on October 26, 1953. The grand jury found a true bill November 23, 1953. The case was first listed for trial June 4, 1954. The co-defendant Atwood at this time desired time to secure counsel. The case as to both defendants was continued. A week before the second trial date, July 2, Ralph C. Donohoe, Esquire, was retained by defendant Atwood. He requested and was granted a continuance because of a conflict with his prior vacation plans. The case was listed for the third time on September 9, 1954 before the Honorable Gerald F. Flood and was continued because of Mr. Gorham's illness on the motion of his associate, Philip Shuchman, Esquire. At that time the judge told Mr. Shuchman that if Gorham was not prepared to try at the next date, Shuchman would have to try the case. The fourth trial was listed for October 14, 1954 but was continued because of the appellant's illness. The case was finally listed a fifth time for trial on November 12, 1954. By a letter dated October 29, 1954 appellant's attorney, Gorham, requested the district attorney to remove ...