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COMMONWEALTH v. SACARAKIS ET AL. (11/16/61)

November 16, 1961

COMMONWEALTH
v.
SACARAKIS ET AL., APPELLANTS.



Appeals, Nos. 261, 262, and 263, Oct. T., 1961, from judgments of Court of Quarter Sessions of Northampton County, Sept. T., 1960, Nos. 91, 92, and 93, in cases of Commonwealth v. Anthony Sacarakis, and Commonwealth v. Samuel Hughes et al. Judgments affirmed.

COUNSEL

Justin D. Jirolanio, for appellants.

Bernard V. O'Hare, Jr., First Assistant District Attorney, with him Andrew L. Herster, District Attorney, for Commonwealth, appellee.

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

Author: Flood

[ 196 Pa. Super. Page 457]

OPINION BY FLOOD, J.

The defendant Anthony Sacarakis appeals from his conviction of carrying a firearm without a license, wantonly and playfully pointing a firearm, and forcible entry. The defendants David Sacarakis and Samuel Hughes at the same time appeal from their conviction of forcible entry.

1. The defendants object that their convictions were against the weight of the evidence. We do not agree that this position is well taken.

On the evening of August 20, 1960, George Peters met Anthony Sacarakis, a Councilman of the City of Bethlehem, at the Travelers' Diner in the city. Peters told Sacarakis he wanted to "have a couple of drinks" and "see the town". Sacarakis referred him to defendant Samuel Hughes who was inside the diner. Hughes and Peters then went to a bar, where they were approached by a girl referred to in the testimony only as

[ 196 Pa. Super. Page 458]

"Frances". Arrangements were then made by Hughes for Peters to have sexual relations with Frances. Peters apparently paid in advance and it was testified by Hughes that Frances gave part of the money to Mary Carter for the use of her third floor apartment at 239 Diamond Street in the City of Bethlehem. Hughes, Peters and Frances then went to this apartment. Frances stole Peters' trousers and wallet and ran out of the apartment. Thereafter Peters and Hughes, while looking through the neighborhood for the girl, were apprehended by the police and taken to police headquarters.

Anthony Sacarakis, whose mother resides on Diamond Street across from the Mary Carter residence, went to Diamond Street apparently looking for Hughes and Peters. According to various Commonwealth witnesses, when he arrived there, he drew a pistol from his pocket and fired it.

Lafayette W. Hall testified that he heard Sacarakis say, "Now I'm here, and you will know I am here", and then heard a shot and saw a pistol in the hand of Sacarakis. Hall also testified that he saw Sacarakis then enter his automobile, open the window and shake the gun out of the window, saying "I will ...


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