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COMMONWEALTH v. FILIGENZI (06/15/61)

June 15, 1961

COMMONWEALTH
v.
FILIGENZI, APPELLANT.



Appeals, Nos. 32, 33, and 34, April T., 1961, from judgments of Court of Quarter Sessions of Lawrence County, Sept. T., 1960, Nos. 98, 97 and 96, in case of Commonwealth of Pennsylvania v. Gedio J. Filigenzi. Judgments of sentence affirmed.

COUNSEL

James M. Keller, for appellant.

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

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 195 Pa. Super. Page 582]

OPINION BY WATKINS, J.

This is an appeal by Gedio J. Filigenzi, the defendant-appellant, from the judgment of sentence of the Court of Quarter Sessions of Lawrence County, Pennsylvania, after conviction of indictments charging prostitution and assignation, acceptance of bawd money, and transporting a female for the purpose of prostitution; and from an order of the said court dismissing his motions in arrest of judgment and for a new trial. He was also convicted of pandering but in that case the court below awarded a new trial.

The evidence, considered in the light most favorable to the Commonwealth, Com. v. Mitchell, 181 Pa. Superior Ct. 225, 124 A.2d 407 (1956), may be summarized as follows: In June, 1960, Beverlee Jean Ornelas, eighteen years of age, married but separated from her husband, came to New Castle, Pennsylvania, to seek employment as a waitress. She first met the defendant at the Club Casa Savoi, a private club in New Castle. After several visits to the club, the defendant and some of his friends took Beverlee to a cottage on the outskirts

[ 195 Pa. Super. Page 583]

    of the city, known as Trott's Cabin, where he informed her that she was to serve as a prostitute under his orders. At that time he threatened her with physical violence should she decide "to go to the law".

Shortly thereafter, the defendant met Beverlee again at the Casa Savoi club and told her to go to the Leslie Hotel in the same city. He drove her from the club to the hotel and on the way told her that he would remain downstairs in the barroom and would direct customers to her room. He registered her in the hotel under an assumed name. She went to the room and there received six or seven men sent to her by the defendant, with whom she had unlawful intercourse. The defendant gave her about $15 to get a new dress and have her hair done. The next evening, while still at the hotel, Beverlee became intoxicated and was berated by the defendant because she was in no condition to take care of his customers, so that he lost $50.

About a week later, the defendant arranged for her to go to the New Penn Hotel where she had unlawful intercourse with several members of the visiting softball team. The next evening he made arrangements for her to entertain customers at the Fenati Brick Yard on Croton Avenue. Several days later he took her to another club picnic at which time she engaged in unlawful intercourse with men sent to her by the defendant. She spent a night with a man sent to her by the defendant at Kings Motel, on the outskirts of New Castle.

After the night at the motel, she did not see the defendant for some time but on July 16, 1960, upon entering her apartment at the corner of Scioto Street and Long Avenue, New Castle, she found that it had been ransacked. She reported this to the manager of the apartment and to a local justice of the peace. When the defendant came to her apartment she refused to admit him ...


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