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COMMONWEALTH v. REPYNECK (07/17/56)

July 17, 1956

COMMONWEALTH
v.
REPYNECK, APPELLANT.



Appeal, No. 90, Oct. T., 1956, from judgment of Court of Oyer and Terminer of Northampton County, Sept. T., 1953, No. 151, in case of Commonwealth v. Steve Repyneck. Judgment affirmed.

COUNSEL

Thomas A. McBride, with him Jackson M. Sigmon, McBride, von Moschzisker & Bradley and Mindlin & Sigmon, for appellant.

Edward G. Ruyak, First Assistant District Attorney, with him Elias W. Spengler, District Attorney, and Clinton Budd Palmer, District Attorney, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ. (rhodes, P.j., absent).

Author: Gunther

[ 181 Pa. Super. Page 631]

OPINION BY GUNTHER, J.

Appellant, Steve Repyneck, was convicted by a jury of the crimes of burglary and larceny in the Court of Oyer and Terminer of Northampton County. To establish

[ 181 Pa. Super. Page 632]

    guilt, the Commonwealth called as witnesses Ernest Dimler, the owner of the home burglarized; Stephen Konchick, an accomplice; and State policemen Sergeant John I. Swan and corporal Russell E. Dougherty, who investigated the circumstances of the crimes.

Ernest Dimler testified that he was the owner of the home at R.D. 20, Bethlehem, Pa., which was burglarized and owner of the bonds, money and jewelry taken. Ten bonds of the Lehigh Valley Coal Company, each in the amount of $1,000.00, some old money, stock certificates and many items of jewelry were taken amounting to approximately $20,000.00. He also testified as to the condition of his premises upon his return after the burglary had been committed.

Stephen Konchick testified in substance that he was introduced to a Frank Walls by the appellant in Marcus Hook. He and Walls got into a blackjack game at Marcus Hook, as a result of which Walls owed Konchick the sum of $800.00. Konchick later told appellant about the gambling debt owed him by Walls, whereupon appellant told Konchick not to worry about it; that the money could be obtained very easily at the Dimler residence; that the Dimlers were rich people who were away during the weekends and that he and Konchick could get the money there. Sometime later, appellant, Konchick and Walls arranged to burglarize the Dimler residence on a suitable weekend. Konchick further testified that on June 23, 1952, appellant drove him and Walls to the Dimler residence at about 9:30 P.M., where, according to pre-arranged plans, Konchick was to act as look-out man, Walls was to enter the dwelling and appellant was to drive around for stated times and return to pick up Konchick and Walls after the burglary had been committed. Konchick procured keys at his father's home, gave them to Walls and Walls entered the dwelling by using one of the keys, although

[ 181 Pa. Super. Page 633]

    they made it appear as if they had gained entrance by jimmying a window. After the burglary, Konchick testified, he and Walls waited for appellant who later picked them up in his car. The stolen property was turned over to appellant. Sometime later, appellant gave Konchick five bonds and the jewelry. The jewelry was buried in the vicinity of appellant's home.

Sergeant John I. Swan testified that after Konchick was apprehended, at Konchick's request, he accompanied Konchick to appellant's residence located approximately a half mile from the Dimler residence. They found appellant in front of a garage ...


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