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COMMONWEALTH v. JOHNSON (11/16/61)

November 16, 1961

COMMONWEALTH
v.
JOHNSON, APPELLANT.



Appeals, Nos. 177 and 178, Oct. T., 1961, from judgment of Court of Quarter Sessions of Philadelphia County, Feb. T., 1959, Nos. 1438 and 1439, in case of Commonwealth of Pennsylvania v. Levi Johnson, Jr. Judgment affirmed.

COUNSEL

Robert N.C. Nix, Jr., with him David Zwanetz, and Nix and Nix, 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 Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 196 Pa. Super. Page 401]

OPINION BY MONTGOMERY, J.

The appellant was one of three persons indicted for the crimes of Conspiracy, Aggravated Robbery, Receiving Stolen Goods, Assault and Battery, and Aggravated Assault and Battery, the said charges arising from the following alleged circumstances.

[ 196 Pa. Super. Page 402]

On February 16, 1959, at about 11:30 A.M., Frank Horowitz was in the process of taking $4,200 from his place of business to the bank when he was attacked and his money taken by a man he positively identified as the appellant Levi Johnson, Jr.

At approximately 11:45 A.M. on the same date, the appellant's car was stopped at 18th and Snyder Avenues, Philadelphia, Pa. The other two defendants, Henry Johnson and Wilton Mathews were occupying it at that time, but the appellant was not in the car. Under the front seat the officers found the bag of money which had been taken from Mr. Horowitz.

The appellant was also identified as the robber by an eyewitness, Daniel Banks, a nine year old boy. He testified that he saw the appellant hit Mr. Horowitz, take the bag from him, and later get into a parked car that was occupied by two other people.

The appellant's defense was an alibi that at the time of the robbery he was in court as a defendant in another case. He produced witnesses who testified in support of his alibi.

There was no question about the fact that the appellant was in court on that particular date at or about 11:10 A.M. However, the Commonwealth contended that he left court, committed the robbery and got back to ...


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