about buying two-inch adhesive tape (pp. 349a-351a). They were registered, under aliases, in a Delaware hotel from 1:31 a.m. to 10:16 a.m. on July 3. Between 9:50 a.m. and 10:03 a.m., a telephone call was placed from the Dade County Sheriff's office to DeMoss in Tulsa (p. 506a).
On July 4, at 6:43 a.m., Ellsworth checked into the Columbus Hotel in Miami. He made a reservation from the hotel to fly to Tampa, did so, and arrived there at 6:04 p.m. Between 9:27 a.m. and 1 p.m. on July 4, 1955, there were five telephone calls between Ellsworth and/or Thomas in Miami and DeMoss in Tulsa.
DeMoss, who did not work July 4-6 (p. 177a), made reservations to fly to Tampa shortly after receiving a call from Ellsworth at the Columbus Hotel (pp. 581a, 598a, 955a-956a). He was seen in the Club 22, Tampa, that evening between 10 p.m. and midnight in the company of Wilson and Ellsworth (pp. 478a-480a). and received change from the barmaid at the Club to make a telephone call (p. 480a). One 'Moss' called Thomas from the Club 22 at 11:18 p.m. that evening (pp. 454a, 460a). DeMoss made a telephone reservation to go from Tampa to Miami via Eastern Airlines (p. 1017a), left Tampa in the early hours of July 5, and arrived in Miami at 1:46 a.m. (p. 615a). He checked into the Columbus Hotel at 6:05 a.m. and stayed in the same room that Ellsworth had been using the previous day. While there, he hired a safe deposit box in the hotel and also is known to have called his daughter in Texas (pp. 511a, 558-9a). Sometime prior to noon on that day, he was seen in the company of Thomas in the Miami airport (p. 213a). At 7:57 p.m., DeMoss made a reservation from Thomas' home phone for a flight to Chicago and also requested space on a flight from Chicago to Tulsa (pp. 498a, 621a-622a). At 12:58 a.m., July 6, DeMoss checked out of the Columbus Hotel (p. 559a).
There was evidence presented from which the jury could have found that DeMoss' financial position improved after his return from Florida. He stated to an acquaintance in July 1955 that he had saved $ 1,500 and showed him three $ 500 cashier's checks (p. 1047a). He also took trips to Hot Springs, Arkansas, and Las Vegas, Nevada, after his return (pp. 983a, 984a).
Later that year he traded in his diamond ring for a new one (p. 981a). Even if the undersigned would not have been persuaded that his financial position had improved in light of other evidence concerning loans taken by him after July 6, 1955 (pp. 798a-804a), the jury had evidence before it from which it could have made such a finding.
The above evidence, which is only part of that submitted to the jury, shows more than mere association between DeMoss and the principal actor or actors in the robbery-murder. Conspiracy may be inferentially established by showing the relation, conduct or circumstances of the parties and the overt acts of the co-conspirators. Where the acts of the parties indicate that they were acting in concert to a common end, it is permissible for the jury to infer that the concerted action was the result of an unlawful agreement. Commonwealth v. Rosen, supra, 141 Pa.Super. at page 276, 14 A.2d 833.
There was evidence presented here from which the jury could justifiably have found that the relationship between the two police department members and the two criminals arose from a calculated plan to rob Mrs. Rossman. There was also evidence from whih the jury could have determined that one of the conspirators, Wilson, killed Mrs. Rossman in the course of carrying out the object of the conspiracy.
There was some evidence in the record from which the jury could have found that DeMoss was a co-conspirator in a criminal conspiracy to rob Mrs. Rossman and that a fellow conspirator killed her in pursuance of that felonious plot.
And Now, October 13, 1961, after consideration of the foregoing Petition, the briefs of counsel (Documents Nos. 8 and 9), the letter of September 19, 1961, which has been attached to relator's brief, oral argument, and the record, It Is Ordered that the Petition for Writ of Habeas Corpus (Document No. 1) is Dismissed.