Appeals, Nos. 37, 38, 39, 40, 41 and 42, Oct. T., 1957, from judgments and sentences of Court of Quarter Sessions of Montgomery County, June T., 1955, Nos. 196, 196-1, 205, and 205-1, in case of Commonwealth of Pennsylvania v. Samuel Giambrone et al. Judgment and sentence of defendant, Philip Giovinco, reversed; judgments and sentences of other defendants affirmed.
Frederick B. Smillie, with him Paul A. Davis, 4th, and Smillie, Bean, Davis & Tredinnick, for appellant.
Leon H. Fox, for appellant.
Richard S. Lowe, Assistant District Attorney, with him Bernard E. DiJoseph, District Attorney, for appellee.
Before Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ. (rhodes, P.j., absent).
[ 183 Pa. Super. Page 285]
Defendants, Samuel Giambrone, Gus Giovinco and Philip Giovinco were charged with and convicted of establishing a gambling place and having set up a dice game in a certain building under their possession, occupancy and control. They were also charged with conspiracy to set up a dice game but, in view of their conviction and sentence on the main charge, sentence on this latter charge was properly suspended. Giambrone and Gus Giovinco were charged in Bill No. 196 June Term, 1955, with establishing a gambling place
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and having set up a dice game, and at Bill No. 196-1 June Term, 1955, they were charged with conspiracy to set up a dice game. Philip Giovinco was charged in Bill No. 205 June Term, 1955, with establishing a gambling place, and at No. 205-1 June Term, 1955, he was charged with conspiring with Giambrone and his father, Gus Giovinco, to set up a dice game.
After a three day trial, the jury returned verdicts of guilty against all defendants on all bills and on all counts. Subsequently, Giambrone filed a motion for a new trial, and Gus and Philip Giovinco filed motions for a new trial and in arrest of judgment. All motions were overruled and refused. On September 14, 1956, Samuel Giambrone was sentenced to pay a fine of five hundred dollars and serve six months in the Montgomery County Prison; Gus Giovinco was sentenced to pay a fine of five hundred dollars and seve six months in the same prison, and Philip Giovinco was sentenced to pay a fine of two hundred dollars and placed on probation for a period of one year. None of the defendants took the stand in his behalf although testimony was offered in defense to the charges.
At 2:15 A.M. on the morning of July 10, 1955, a detail of state police raided the establishment located between 106 and 108 DeKalb Street, Bridgeport, Montgomery County. This two story stucco building was known as 106 DeKalb Street but the part raided had no number of its own. It was known as Giambrone's pool parlor. This establishment was under surveillance on four different days prior to the raid. Detective Moody of the Pennsylvania State Police stated that during these periods, he observed that even though the lights in the establishment would be extinguished at midnight, activity still continued. He saw men going in ...