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COMMONWEALTH v. DIONISIO (07/21/55)

July 21, 1955

COMMONWEALTH
v.
DIONISIO, APPELLANT.



Appeal, No. 70, Oct. T., 1955, from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1954, No. 17, in case of Commonwealth of Pennsylvania v. Carmen Dionisio. Judgment affirmed.

COUNSEL

Carmen Dionisio, appellant, in propria persona.

Christopher F. Edley and Victor Wright, Assistant District Attorneys and Samuel Dash, Acting District Attorney, for appellee.

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

Author: Rhodes

[ 178 Pa. Super. Page 331]

OPINION BY RHODES, P.J.

The sole issue in this case is whether there was sufficient evidence to sustain a conviction for unlawful possession of burglary tools under section 904 of the Penal Code, Act of June 24, 1939, P.L. 872, 18 PS § 4904.

The defendant, Carmen Dionisio, was indicted on bill of indictment No. 17, September Sessions, 1954, in the Court of Quarter Sessions of Philadelphia County. Defendant pleaded not guilty to the charge, waived a jury trial, and was found guilty by Judge CARROLL before whom the case was tried. Counsel for the defendant

[ 178 Pa. Super. Page 332]

    moved for a new trial but later withdrew the motion. Defendant was sentenced to three years imprisonment in the Philadelphia County Prison.

From the evidence presented at the trial, it appears that on August 11, 1954, defendant was arrested near his home by police officers. They were en route to defendant's home with a warrant for his arrest on a charge of burglary.*fn1 Defendant denied participating in a burglary and invited the officers to search his home to see if he had anything pertaining to it. In searching defendant's home, the officers found a .38 caliber revolver, which was concealed, ammunition, a blackjack and approximately twenty diagrams and sketches, admittedly drawn by defendant, of certain types of standard safes in general use in the Philadelphia area, which outlined and described the steps required to open such safes. In addition, the officers found scattered throughout the house a large quantity of tools and materials, including an electric drill, steel drills of assorted sizes, an extension cord with light attached, a three-pound sledge with a 9" handle, a three-pound maul with a 9" handle, drift pins, a pinch bar, pliers, flashlight, 10 pairs of cotton gloves, steel plugs, center puches, glass cutter, files, an illuminated magnifier, a glass magnifier, lock tumblers, and an assortment of picks, tension springs, and wedges used for picking locks. Defendant said he was a barber, and stated the tools were for use in his home. Many of the tools were found in the cellar of defendant's home which contained no other equipment rendering it suitable as a workshop. The electric drill was found under a trench coat. The pocket of the coat contained

[ 178 Pa. Super. Page 333]

    steel drills, drift pins, and cotton gloves. More cotton gloves, an illuminated magnifier, and the sketches and diagrams of certain types of safes were found on the second floor in a cabinet used as a wardrobe by defendant. After presenting this evidence the Commonwealth rested. Defendant demurred to this evidence and was overruled. Without offering any ...


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