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COMMONWEALTH v. COLLURA (12/28/56)

December 28, 1956

COMMONWEALTH
v.
COLLURA, APPELLANT.



Appeals, Nos. 208, 209, 210 and 211, April T., 1956, from judgments and sentences of Courts of Oyer and Terminer and Quarter Sessions, Allegheny County, Feb. T., 1956, Nos. 96, 97, 98 and 349, in case of Commonwealth of Pennsylvania v. Frank Collura. Judgments affirmed.

COUNSEL

Louis C. Glasso, for appellant.

Samuel Strauss, Assistant District Attorney, with him Edward C. Boyle, District Attorney, and William Claney Smith, Assistant District Attorney, for appellee.

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

Author: Gunther

[ 183 Pa. Super. Page 18]

OPINION BY GUNTHER, J.

The defendant, an ex-constable, was tried on ten indictments, six charging robbery and four charging false impersonation of an officer. He was acquitted on

[ 183 Pa. Super. Page 19]

    six charges and found guilty on Nos. 96, 97, and 98 February Term, 1956 (O. & T.) charging robbery, and on No. 349 February Sessions, 1956 (Q.S.) charging the misdemeanor of impersonating an officer.

Motion for a new trial assigning the reasons that (a) the verdict was against the weight of the evidence, and (b) that the charge was prejudicial to the defendant was refused by a court en banc. Defendant was sentenced to pay the costs of prosecution, a fine of one dollar and be committed to the Western Correctional, Diagnostic and Classification Center to undergo imprisonment for a term of not less than five years nor more than ten years. Identical sentences were imposed at Nos. 96, 97, and 98, to run concurrently; sentence was suspended in the case at No. 349.

From these sentences the defendant now appeals.

Counsel for defendant submits for our review statements of three ...


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