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COMMONWEALTH v. SLIVA (11/16/60)

November 16, 1960

COMMONWEALTH
v.
SLIVA, APPELLANT.



Appeals, Nos. 301 and 307, Oct. T., 1960, from judgment of Court of Quarter Sessions of the Peace of Delaware County, March T., 1959, Nos. 339 and 343, in case of Commonwealth of Pennsylvania v. Henry Sliva. Judgment affirmed.

COUNSEL

Henry Sliva, appellant, in propria persona.

John R. Graham, Assistant District Attorney, and Jacques H. Fox, District Attorney, for Commonwealth, appellee.

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

Author: Watkins

[ 193 Pa. Super. Page 491]

OPINION BY WATKINS, J.

This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Delaware County and from the order of the said court refusing motions in arrest of judgment and for a new trial.

Henry Sliva, the defendant-appellant, was tried on eight bills of indictment charging burglary and robbery of private residences in Delaware County. At the conclusion of the Commonwealth's case, the district attorney suggested that he was unable to connect the defendant with the crimes charged in six of the indictments because of failure of identification and the court

[ 193 Pa. Super. Page 492]

    below sustained demurrers by the defendant to these six indictments. The defendant was convicted by the jury on two indictments charging burglary and robbery, respectively, of the residence of Mr. and Mrs. Charles H. Howe, in Radnor Township, Delaware County. Motions in arrest of judgment and for a new trial were denied and the defendant was sentenced on the robbery charge to undergo imprisonment in the Eastern State Penitentiary for a term of 5 to 10 years. This sentence to run concurrently with the sentence he was then presently serving of 20 to 40 years for other convictions. The court suspended sentence on the burglary conviction.

Mrs. Howe testified that the defendant appeared in the bedroom of her home on the morning of April 2, 1958, at about 4:00 a.m., and awakened her and her husband; that the light was on in the hall and he carried a small red-tipped pencil flashlight and wore a bandanna-like mask; that he moved around the room and walked between the twin beds on which they were lying; that he had a distinctive walk which she described as "he picked his feet up very slowly and walked rather like an animal"; that he made her husband get up to secure his pocketbook and he was taller than her husband - about six feet; that his hands trembled; that he talked to them and his voice was "resonant yet muffled"; that the defendant in the courtroom was the man who was in the bedroom and that she had also identified him in November of 1958, after his arrest, in a line-up in lower Merion Township; that she was able to identify him from his general appearance, his walk, his voice and his trembling hands; that the defendant had taken $22.35 from their home, $2.35 from her husband's pocketbook and $20 from her handbag; and that he entered the house by breaking the lock of a downstairs window.

[ 193 Pa. Super. Page 493]

The Commonwealth also presented testimony that at the time of the arrest he had in his possession a .38 caliber revolver and a pencil type red-tipped flashlight. These articles were introduced into evidence as part of the Commonwealth's case in all eight charges then being tried. ...


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