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COMMONWEALTH v. WILLIAMS (09/11/58)

September 11, 1958

COMMONWEALTH
v.
WILLIAMS, APPELLANT.



Appeals, Nos. 270 to 274, inclusive, Oct. T., 1958, from judgments of Court of Quarter Sessions of the Peace of Philadelphia County, Nov. T., 1956, Nos. 483, 484, 489, 490, and 491, in case of Commonwealth of Pennsylvania v. Harry Williams. Judgment affirmed.

COUNSEL

Martin Vinikoor, with him Vinikoor & Criden, for appellant.

Charles L. Durham, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Woodside

[ 187 Pa. Super. Page 298]

OPINION BY WOODSIDE, J.

These are appeals from the judgments of sentence of the Court of Quarter Sessions of Philadelphia County. Defendant, Harry Williams, was indicted on nine bills of indictment charging prostitution and assignation, keeping and maintaining a bawdy house, and feloniously accepting bawd money on various dates. He was tried before President Judge Vincent A. Carroll and a jury on October 15, and 16, 1957, together with two other defendants, Jacob Goldberg and Otto Stalworth. These two defendants, during the course of the trial, changed their pleas to guilty.

The Commonwealth produced as witnesses Pauline Johnson, who had been convicted of operating a bawdy house in the building which the defendant managed; Maxine McKissick, who had been convicted of prostitution committed in Pauline Johnson's apartment; and one Willie Martin. Pauline Johnson testified that she gave the defendant $100 on June 1, 1956, $75 the following Friday, and $25 the following Monday; that she gave the defendant $100 on July 5, 1956 and again on July 13, 1956; and that she gave him $75 on August 1, 1956, and $50 the following Friday. She testified on cross-examination that the total "extra money" she gave Williams amounted to $555. She further testified that this money was "coming out of my hard-earned money and came from prostitution".

Maxine McKissick testified that she saw Pauline Johnson pay Williams $200 on June 1, 1956, $200 on July 1, 1956, and $150 on August 1, 1956.

A third witness, one Willie Martin, testified that on July 6, 1956, he saw the witness, Pauline Johnson,

[ 187 Pa. Super. Page 299]

    give the defendant $100, and that out of that sum he had loaned her $40.

At the completion of the Commonwealth's case, the assistant district attorney moved to amend the date in bill of indictment No. 489 to read, "That on or about June 1, 1956," and the bills of indictment Nos. 485, 486, 487 and ...


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