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COMMONWEALTH v. MATTERO ET AL. (06/11/57)

June 11, 1957

COMMONWEALTH
v.
MATTERO ET AL., APPELLANTS.



Appeals, Nos. 131, 132, 133, Oct. T., 1957, from judgment of Court of Quarter Sessions of Delaware County, June T., 1956, Nos. 280, 281 and 282, in cases of Commonwealth of Pennsylvania v. Anthony Mattero, Same v. Frank Drill, and Same v. Daniel Drill. Judgments affirmed.

COUNSEL

Joseph W. deFuria, for appellants.

John R. Graham, Assistant District Attorney, with him Raymond Start, District Attorney, for appellee.

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

Author: Woodside

[ 183 Pa. Super. Page 550]

OPINION BY WOODSIDE, J.

This is an appeal from the judgment of sentence imposed by the court below after its refusal to grant motions in arrest of judgment and for a new trial to the three defendants who had been convicted before a jury on a charge of bookmaking.

Each defendant was indicted separately for violation of Section 607 of the Act of June 24, 1939, P.L. 872, 18 PS ยง 4607 relating to pool selling and bookmaking.

As the defendants did not testify or present any evidence on their behalf, we must assume that the jury believed the Commonwealth's testimony. From this evidence it appears that Daniel and Frank Drill and William Del Vecchio owned a three story building containing a poolroom and an empty store on the first floor, and apartments on the second and third floors. It is located at 1427 Chester Pike, Ridley Township, Delaware County. Daniel and William also owned a one story taproom known as "Drill's Tavern", located approximately 15 feet from the poolroom, and separated from it by an alleyway. Each building has doors opening into the alleyway opposite each other. The Drills are also known as Del Vecchios.

Several state policemen entered the side door of the poolroom at 12:40 P.M. on April 19, 1956, and found it unoccupied. Officer Dietrich then entered the taproom through the side door, found Frank and Daniel Drill there, brought them over to the poolroom, and searched them. Daniel Drill had two pieces of paper and $48.50 in his trouser pocket and Frank had 4 slips of paper and $230 on his person. Officer Cohen, testifying as an expert, said the papers found on these

[ 183 Pa. Super. Page 551]

    two defendants were horse bet slips of the type carried by bookmakers and not players.

Two of the other officers, upon entering the poolroom, heard a noise on the second floor, went upstairs and knocked on a closed door. No one answered the knock on the door. The officers smelled smoke and broke in. They found Anthony Mattero, a defendant in this case, in the apartment near numerous pieces of paper which were burning in a pan on the gas stove. Mattero admitted to Officer McCartney that he was burning an Armstrong racing sheet, and some horse race bets. The officers searched Mattero ...


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