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COMMONWEALTH v. GROSSO ET AL. (06/15/60)

June 15, 1960

COMMONWEALTH
v.
GROSSO ET AL., APPELLANTS.



Appeals, Nos. 98, 100, 101, 102, 104, 105, 106, 107, and 110, April T., 1960, from judgments of Court of Quarter Sessions of Allegheny County, March T., 1959, No. 417, June T., 1959, Nos. 128, 129, and 429, in case of Commonwealth of Pennsylvania v. Sam Grosso et al. Judgments affirmed; reargument refused July 27, 1960.

COUNSEL

Samuel Dash, for appellants.

Albert S. Oliensis, for appellants.

William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for Commonwealth, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Ervin

[ 192 Pa. Super. Page 515]

OPINION BY ERVIN, J.

These nine appeals are from judgments of sentence on certain charges of conspiracy and being concerned in the managing, conducting and carrying on of a lottery. In the light of the verdict, the facts are as follows:

In October 1958 Edmund Lovejoy, who lived on the Old Clairton Road in Jefferson Borough, was approached in a downtown tavern by Joseph Pino, one of the defendants, who asked Mr. Lovejoy if he had a garage for rent. Mr. Lovejoy agreed to rent the garage in the basement of his house to Joseph Pino for $25.00 per month. In addition to the use of the garage, Mr. Pino was also given permission to use the basement area. Shortly after the garage was rented Mrs. Ruth Lovejoy received a telephone call to have the garage doors open at 9:00 o'clock in the morning and at 2:30 o'clock in the afternoon. Between October 1958 and February 19, 1959 she received calls on 15 different occasions requesting her to have the garage doors open. These calls were received the night before the doors were to be opened. After the doors were opened in the morning a station wagon would drive into the garage. Mrs. Lovejoy, on a number of occasions, saw one of the defendants, Cornelius Harrington, get out of the station wagon and carry cases or boxes into the basement.

[ 192 Pa. Super. Page 516]

The station wagon, which was owned by Cornelius Harrington, would leave the premises in the morning and return at approximately 2:30 o'clock in the afternoon. After the station wagon entered the garage in the afternoon Mrs. Lovejoy heard sounds coming from the basement, which she thought were made by adding machines, until approximately 7:30 o'clock in the evening. The defendant, Joseph Pino, would come up from the basement and hand Mrs. Lovejoy a paper bag containing money which she was instructed to turn over to her husband. Between February 5, 1959 and February 19, 1959, at approximately 2:30 p.m., the members of the Racket Squad of the City of Pittsburgh observed all of the defendants, except Cornelius Harrington, at the Bill Green Parking lot on Penna. Highway Route No. 51 getting into the station wagon and driving toward the Lovejoy home. On a number of occasions they saw Joseph Carmen Grosso, Gerald Grosso, Charles Cheetham and Gen Attanasio park their cars at the Bill Green Parking lot and go over to the station wagon, carrying brown paper bags. They would then enter the station wagon and drive to the Lovejoy residence.

On February 17, 1959 Officer John Nee, who was parked in the Bill Green Parking lot, saw the station wagon hereinbefore referred to, which was being driven by Anthony Bruno, pull into the parking lot and park about 2:30 o'clock in the afternoon. He saw Gen Attanasio, one of the defendants, enter the station wagon and then he saw Gerald Grosso get out of his car, which was parked in the parking area, carrying two brown paper bags and one white paper bag. He walked over to the station wagon and deposited the three paper bags inside. He then went back to his automobile, picked up a notebook and two other books, and came back to the station wagon. The books, as described by Officer Nee, were "the large school type."

[ 192 Pa. Super. Page 517]

He entered the station wagon and the station wagon then left the parking area. Officer Nee followed it to the Lovejoy home, where it ...


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