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COMMONWEALTH v. HARRIS (06/15/61)

June 15, 1961

COMMONWEALTH
v.
HARRIS, APPELLANT.



Appeal, No. 118, Oct. T., 1961, from judgment of Court of Quarter Sessions of Philadelphia County, June T., 1960, No. 643, in case of Commonwealth of Pennsylvania v. George Harris. Judgment affirmed.

COUNSEL

Cecil B. Moore, for appellant.

Stanley M. Schwarz, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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

Author: Watkins

[ 195 Pa. Super. Page 607]

OPINION BY WATKINS, J.

This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Philadelphia County entered on the verdict of a jury finding the defendant,

[ 195 Pa. Super. Page 608]

George Harris, guilty of carrying concealed deadly weapons and the carrying of a concealed firearm without a license; and from a denial by the court below of motions in arrest of judgment and for a new trial. He was tried before a jury for the above charges together with two other indictments charging possession of drugs and resisting an officer in making an arrest. The court below directed a verdict of not guilty of the possession charge and the jury found him not guilty of the resisting arrest charge.

After the refusal of his post-trial motions, upon which the court required immediate argument, he was sentenced to undergo imprisonment in the Philadelphia County prison for a term of not less than 11 1/2 months nor more than 23 months.

We do not believe that the contention of the defendant that the evidence was insufficient to sustain this conviction has any merit and adopt that portion of the opinion of the court below dealing with this question, reading as follows: "The testimony was very much in conflict, but the jury has seen fit to believe the evidence submitted by the Commonwealth and for the purpose of considering the motion before the Court we must accept the Commonwealth's testimony as well as the reasonable inferences which properly could be derived from that testimony as being correct: Commonwealth v. Wright, 383 Pa. 532, 119 A.2d 492 (1956); Commonwealth v. Ornato, 191 Pa. Superior Ct. 581 (1960); Commonwealth v. Nestor, 183 Pa. Superior Ct. 350; Commonwealth v. Schuster, 158 Pa. Superior Ct. 164."

There were many conflicts in the details of the testimony such as the direction the defendant was walking and the direction in which several of the police witnesses were traveling on the day in question but there was overwhelming evidence, in quantity and quality, both direct and circumstantial, ...


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