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COMMONWEALTH v. SEARS (11/14/58)

November 14, 1958

COMMONWEALTH
v.
SEARS, APPELLANT.



Appeal, No. 305, Oct. T., 1958, from judgment of Court of Oyer and Terminer, General Jail Delivery and Quarter Sessions of the Peace of Philadelphia City and County, May T., 1957, No. 599, in case of Commonwealth of Pennsylvania v. William Sears. Judgment affirmed.

COUNSEL

David Kanner, for appellant.

Domenick Vitullo, 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., Hirt, Gunther, Woodside, Ervin, and Watkins, JJ. (wright, J., absent).

Author: Watkins

[ 188 Pa. Super. Page 32]

OPINION BY WATKINS, J.

The appellant, William Sears, together with one, Burt McGinley, were charged with having taken a wall

[ 188 Pa. Super. Page 33]

    safe from the home of one, Philip Venitsky, on March 20, 1957. They were indicted and tried in the Court of Quarter Sessions of Philadelphia County on indictments charging burglary, larceny and receiving stolen goods. McGinley was acquitted, the appellant convicted. Both were acquitted of a bill charging conspiracy.

Motions in arrest of judgment and for a new trial were denied and the appellant was sentenced to the Eastern State Penitentiary for a term of two and one-half to five years. This appeal followed.

The Commonwealth established that on March 20, 1957, a wall safe was taken from the Venitsky home at 3126 Cottman Avenue, Philadelphia. The contents of the missing safe included one hundred $2 bills, and a number of foreign and domestic coins.

On March 22, 1957, police officers entered a room in a garage owned and operated by McGinley at 4455 Paul Street, Philadelphia. There was a card game in progress and including the appellant and McGinley there were seyen persons in the room. Four $10 bills and three $2 bills were taken from the appellant's hand and a sum of money, including forty-five $2 bills were found in a trash can about three feet from where the appellant was sitting in the room.

On one of the $2 bills taken from the appellant was written number "39", on another the number "43" and on the third, number "16". On one of the $2 bills taken from the trash can was the number "38". Venitsky testified that he had written the numbers on the bills in question with the exception of number "16", which was one of his bills ...


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