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COMMONWEALTH v. TAYLOR (11/16/60)

November 16, 1960

COMMONWEALTH
v.
TAYLOR, APPELLANT.



Appeal, No. 300, Oct. T., 1960, from judgment of Court of Oyer and Terminer of Philadelphia County, April T., 1957, Nos. 1562 and 1565, in case of Commonwealth of Pennsylvania v. Andrew Joseph Taylor. Appeal dismissed.

COUNSEL

Andrew Joseph Taylor, appellant, in propria persona, submitted a brief.

Charles L. Durham, Assistant District Attorney, with him Domenick Vitullo, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.

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

Author: Wright

[ 193 Pa. Super. Page 388]

OPINION BY WRIGHT, J.

Andrew Joseph Taylor was indicted at the April 1957 Sessions of the Court of Oyer and Terminer and Quarter Sessions of the County of Philadelphia on four bills of indictment. Bill No. 1562 charged assault on Joseph DiCicco with intent to rob. Bill No. 1563 charged that Taylor conspired with Robert H. Waters and Howard C. Johnson to commit robbery. Bill No. 1564 charged aggravated assault and battery upon Carmella DiCicco, and assault with intent to murder. Bill No. 1565 charged aggravated assault and battery upon Joseph DiCicco, and assault with intent to murder. The trial took place on December 17, 1959 before the Honorable WILLIAM I. TROUTMAN, specially presiding. Taylor was represented by an assistant defender of the Philadelphia Voluntary Defender Association. Taylor and his counsel waived a jury trial. After hearing the testimony, the trial judge found Taylor guilty on Bills Nos. 1562 and 1565, guilty on Bill No. 1564 as to the count of aggravated assault and battery only, and not guilty on Bill No. 1563. Sentences were imposed as follows: On Bill No. 1564, sentence was suspended;

[ 193 Pa. Super. Page 389]

    on Bill No. 1562 Taylor was sentenced to serve a term of eight to sixteen years in the State Correctional Institution at Philadelphia; on Bill No. 1565 Taylor was sentenced to serve a term of three and one-half to seven years in the same institution, this sentence to be consecutive to that on Bill No. 1562. Taylor has filed one appeal from the Judgments on Bills Nos. 1562, 1564, and 1565.*fn1

The record discloses that, about 8:30 A.M. on January 25, 1957, appellant, accompanied by Waters and Johnson, entered the business establishment of Joseph DiCicco at 1226 South 21st Street, Philadelphia. Appellant was armed with a revolver and announced: "This is a stick up". DiCicco reached for a gun, whereupon appellant shot DiCicco in the wrist and left shoulder. He also shot DiCicco's wife, Carmella, in both legs. Appellant was identified at the trial by Joseph DiCicco, Samuel L. Horsley, who was a customer in the DiCicco establishment, and Howard C. Johnson, one of appellant's accomplices. Appellant's defense was a complete denial, based on his uncorroborated assertion that, at the time of the robbery, he was in Richmond, Virginia.

Appellant's statement of the questions involved on this appeal is as follows: "1. That the Commonwealth of Pennsylvania did not have jurisdiction over the defendant; having illegally returned him from the State of New Jersey. 2. That the lower court was in error in imposing three (3) separate sentences, on three (3) counts, arising out of one (1) transaction. 3. That the verdict was against the weight of the evidence. 4. That the court below abused its discretion by not ordering trial by jury. 5. That it was error for the trial judge, to order trial, without affording court appointed

[ 193 Pa. Super. Page 390]

    counsel any time to prepare for the defense. 6. That the defendant was denied his ...


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