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COMMONWEALTH v. GOMORI (06/15/60)

June 15, 1960

COMMONWEALTH
v.
GOMORI, APPELLANT.



Appeal, No. 87, April T., 1960, from judgment of Court of Quarter Sessions of Lawrence County, Sept. T., 1959, No. 20, in case of Commonwealth of Pennsylvania v. Steve Gomori, Jr. Judgment affirmed.

COUNSEL

Marjorie Hanson Matson, for appellant.

Joseph Solomon, District Attorney, with him Chris G. Papazickos, Assistant District Attorney, for Commonwealth, appellee.

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

Author: Rhodes

[ 192 Pa. Super. Page 327]

OPINION BY RHODES, P.J.

This is an appeal by Steve Gomori, Jr., from a conviction and sentence on an indictment charging him and his brother, Frank Gomori, with bringing two reels of copper wire into Pennsylvania, knowing or having reasonable cause to know the same to have been stolen or feloniously taken in another state.

Defendants, Steve Gomori, Jr., and Frank Gomori, were jointly indicted, tried, and convicted by a jury in Lawrence County.

The indictment was drawn under section 818 of The Penal Code of June 24, 1939, P.L. 872, 18 PS ยง 4818.*fn1

Motions in arrest of judgment and for a new trial were filed on behalf of Steve Gomori, Jr. They were subsequently withdrawn by defense counsel. His motion for directed verdict was refused. He did not testify, although his brother Frank did.

Defendant Steve Gomori, Jr., was sentenced to pay a fine of $50, to pay the costs of prosecution, and to undergo imprisonment in the Allegheny County Workhouse for and during a period of not less than eleven months nor more than twenty-three months.

At the close of the Commonwealth's case, a demurrer was entered on behalf of Steve Gomori, Jr., by his counsel, which the trial court overruled. Consequently, the only question before us for consideration is the sufficiency of the evidence to show that ...


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