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COMMONWEALTH v. LEO (11/14/58)

November 14, 1958

COMMONWEALTH
v.
LEO, APPELLANT.



Appeal, No. 297, Oct. T., 1958, from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1957, No. 2046, in case of Commonwealth of Pennsylvania v. Leonard Leo. Judgment affirmed.

COUNSEL

Donald J. Goldberg, with him Albert S. Oliensis, Garfield W. Levy, and Levy & Oliensis, for appellant.

Martin M. Krimsky, 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, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).

Author: Watkins

[ 188 Pa. Super. Page 38]

OPINION BY WATKINS, J.

This is an appeal from the judgment of sentence of the Court of Quarter Sessions of the County of Philadelphia after conviction of the appellant on the charge of receiving stolen goods.

The appellant, Leonard Leo, waived a jury trial and the charge of receiving stolen goods was tried by the court below without a jury; a demurrer to other indictments with which he stood charged was sustained. He was found guilty, motions in arrest of judgment and for a new trial were denied, and he was sentenced to one and one-half to three years.

The record shows that a Mr. Henry Cianfrani reported to the police the robbery of articles of clothing from his office at 747 South 6th Street, Philadelphia, on August 2, 1957. A striped sport jacket or coat was included in the list of missing articles.

Philadelphia police officers testified that on August 3, 1957, while investigating a reported robbery at 1226 South Broad Street, in the City of Philadelphia, they observed the appellant coming up from the basement of the building wearing a striped sport coat. No one was permitted to leave the building and when the officers returned to the first floor it was noticed that the appellant was not then wearing a coat but the coat was found on a shelf near the entrance of the building. He denied any knowledge of the robbery or the coat. At the trial the officers testified that the coat which they introduced as an exhibit was the one they had seen the appellant wearing.

Mr. Cianfrani described the coat at the time he reported the robbery as a "striped black sport jacket". He testified that the coat had been purchased at Irving's and that it had that shop's label in it. He described the coat in his testimony as "A sort of midnight blue jacket with a white stripe through it, rather

[ 188 Pa. Super. Page 39]

    a loud jacket". He identified the coat produced by the Commonwealth by saying, ...


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