Appeals, Nos. 208 and 209, Oct. T., 1956, from judgment of Court of Oyer and Terminer, General Jail Delivery and Quarter Sessions of the Peace, Philadelphia County, Nov. T., 1954, No. 119, and Nov. T., 1954, No. 120, in case of Commonwealth v. Eugene Clinton et al. Judgment affirmed.
Claude O. Lanciano, for appellant.
Jerome B. Apfel, Assistant District Attorney, with him Thomas Reed, Assistant District Attorney, James N. Lafferty, Deputy District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).
[ 183 Pa. Super. Page 112]
Eugene Clinton and Thomas Houser were convicted in a trial before a judge without a jury of unlawful possession of burglary tools and of loitering and prowling in the nighttime. Clinton alone appeals and alleges that the evidence was not sufficient to warrant a verdict of guilty.
The record discloses that at about 11:15 p.m. on the night of October 24, 1954 police officers Devlin and Murray were cruising in a prowl car in the vicinity of 23rd and Manning Streets in the City of Philadelphia when they saw the two defendants on Manning
[ 183 Pa. Super. Page 113]
near 23rd Street. As the officers approached, the two men walked toward 23rd Street and turned the corner. Clinton started to get into a parked Oldsmobile coupe and Houser continued to walk North on 23rd Street. When the officers stopped and questioned these two men concerning their reason for being in the neighborhood, they denied knowing one another. Upon being taken to the police station for questioning, however, they admitted being well acquainted, Houser being Clinton's brother-in-law. In the back seat of the automobile were found four electric drills, a screw driver, a hatchet and a three-foot crowbar.On Houser's person were found three bits for the electric drills and one cold chisel.
On the North side of Manning Street between 23rd and 24th Streets is a flower shop and on the South side are private dwellings.
At the trial Clinton testified that on the afternoon of Sunday, October 24, 1954, he and his brother, Edward Clinton, were working on the installation of built in television and music systems at two restaurants in the City of Philadelphia. Eugene's Oldsmobile was used by the two brothers in travelling to these jobs. About 6:00 p.m. they returned to Eugene's apartment where both were living and had dinner. After dinner Eugene took his car to Houser for repairs to the muffler, and while the repairs were being made, visited some friends nearby, returning to Houser's garage or shop shortly before 11:00 p.m. The work having been completed they got in the car and started for a test ride, Houser driving. Near the intersection of 23rd and Manning Streets, ...