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COMMONWEALTH v. BURGER (06/15/61)

June 15, 1961

COMMONWEALTH
v.
BURGER, APPELLANT.



Appeals, Nos. 269, 271, and 272, April T., 1960, from judgments of Court of Oyer and Terminer of Cambria County, Dec. T., 1959, Nos. 25, 26 and 27, in case of Commonwealth of Pennsylvania v. Elwook C. Burger. Judgments of sentence affirmed.

COUNSEL

Elwood C. Burger, appellant, in propria persona.

Fremont J. McKenrick, Assistant District Attorney, and Ferdinand F. Bionaz, District Attorney, for Commonwealth, appellee.

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

[ 195 Pa. Super. Page 177]

OPINION PER CURIAM

The judgments of sentence entered in the Court of Oyer and Terminer of Cambria County, Pennsylvania, are affirmed on those portions of the opinion of Judge MCDONALD, for the court below, which relate to the questions raised on appeal, and which are set forth hereafter, with a footnote added by this Court:

"Defendant was tried and found guilty of burglary upon three separate indictments. He filed motions for a new trial and in arrest of judgment, which have been argued before the court en banc.

"Indictments Nos. 25 and 26 December Sessions, 1959, charge him with burglary on May 28, 1959, at Ebensburg, Cambria County, of automobiles owned by David Rudolph and William P. White. Certain items of personal property such as an electric razor, suit case and blanket were taken from White's automobile and a card case containing motor vehicle registration cards from the Rudolph automobile. Indictment No. 27 December Sessions, 1959, charges burglary on July 3, 1959, of a building occupied by the offices of Karl Byers Insurance Agency. Taken from this building, in addition to currency and stamps, were blank personal checks with the names 'Karl W. and Anna E. Byers' printed on each and blank drafts of the American-Associated Insurance Companies used by Mr. Byers in the settlement of small insurance claims.

"On June 8, 1959, an attempted armed robbery took place at "The Music Room,' State College, Centre County. Edward Blackhurst, a clerk at the store, identified defendant as the robber. When Blackhurst resisted

[ 195 Pa. Super. Page 178]

    defendant a scuffle ensued and after he fled, a card case containing several of David Rudolph's cards was found on the floor.

"From July 6 to August 17, checks and drafts taken from the Byers Agency began to appear at various stores in Allegheny County. The drafts were made payable to 'David Rudolph' and in each instance cashed by defendant who identified himself by that name. Several of the items purchased with the checks and drafts were found in his house at the time of his arrest.

"One of the drafts was offered to Nicholas Hornick, proprietor of the Burke Auto Store in Johnstown, Cambria County, in payment for tires. As in other instances, the defendant identified himself as 'David Rudolph' and produced an automobile registration card in that name. Hornick was suspicious and asked him to wait while he called the bank. While Hornick ...


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