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COMMONWEALTH v. HORVATH (09/11/58)

September 11, 1958

COMMONWEALTH
v.
HORVATH, APPELLANT.



Appeals, Nos. 287 and 292, Oct. T., 1958, from judgments of Court of Quarter Sessions of the Peace of Northampton County, Nov. T., 1956, Nos. 110 and 111, in case of Commonwealth v. Rudy Horvath. Judgments affirmed.

COUNSEL

Justin D. Jirolanio, for appellant.

Andrew L. Herster, Jr., Assistant District Attorney, with him Edward G. Ruyak, District Attorney, for appellee.

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

Author: Ervin

[ 187 Pa. Super. Page 207]

OPINION BY ERVIN, J.

Defendant, Rudy Horvath, has appealed from sentences on two conspiracy indictments, after the dismissal of his motions in arrest of judgment and for a new trial.

The evidence, considered in the light most favorable to the Commonwealth: Com. v. Mitchell, 181 Pa. Superior Ct. 225, 227, 124 A.2d 407, may be summarized as follows:

1955 Pontiac Station Wagon

Olive Karabin, girl friend of the defendant, owned a 1955 Pontiac station wagon. In May 1956, while the partnership of Stevens and Hill was still in existence, Harvey Murray became interested in purchasing this station wagon, which had been placed on the used car

[ 187 Pa. Super. Page 208]

    lot of Stevens and Hill for sale by the defendant with the knowledge and consent of Karabin. Hill and Murray finally agreed upon a purchase price and possession of the automobile was delivered to Murray. Murray made arrangements at the Union Bank and Trust Co. for a loan to finance the purchase. The bank gave three checks to Murray, one to cover insurance, one to General Acceptance Corporation covering the balance still owing on an encumbrance which Murray had on his Ford, which he was trading in, and a third check to cover the purchase of the Pontiac, made payable to S & H Motor Company. The latter check was accompanied by a memorandum of encumbrance which the bank desired noted on the assigned certificate of title. Murray delivered the check payable to S & H Motor Company and also delivered to them a certificate of title for the trade-in Ford, which he had assigned in blank. Hill testified that he sold Murray's 1954 Ford for $1,500.00 and used this money in the business, as he was instructed to do by the defendant. Hill also admitted receiving the check from the Union Bank and Trust Co. on May 24, 1956, which he cashed. He said that he offered the cash to the defendant, who told him to use it instead to buy out his partner, John Stevens. Petty, the bank officer, testified that around October 17 or 24 he attempted to phone Miss Karabin. Within five minutes defendant telephoned Petty and said he was under the impression that Petty was trying to get in touch with Miss Karabin. ...


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