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COMMONWEALTH v. MEEHAN (06/13/62)

June 13, 1962

COMMONWEALTH
v.
MEEHAN, APPELLANT.



Appeals, Nos. 161 and 162, Oct. T., 1962, from judgment of Court of Oyer and Terminer and General Jail Delivery, June T., 1957, No. 776, and from order of Court of Quarter Sessions of the Peace of Philadelphia County, June T., 1957, No. 777, in case of Commonwealth of Pennsylvania v. John J. Meehan. Judgment affirmed.

COUNSEL

Mary Alice Duffy, with her Duffy and Duffy, for appellant.

Burton Satzberg, 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 Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 198 Pa. Super. Page 560]

OPINION BY MONTGOMERY, J.

This is an appeal from judgment of sentence on the charges of aggravated robbery and conspiracy. Appellant was tried with a co-defendant, Robert McKnight,

[ 198 Pa. Super. Page 561]

    by the court (ULLMAN, J.) without a jury and each was found guilty on both charges. Motions for a new trial and in arrest of judgment filed nunc pro tunc having been refused, sentence was imposed and this appeal on the part of Meehan followed.

The questions involved, as stated in appellant's brief, relate to (1) the sufficiency of the evidence as to identity, (2) the admission of testimony as to a conversation one of the detectives in charge of the case had with appellant from which flight and consciousness of guilt could be inferred, (3) the duty of the Commonwealth to produce all evidence regardless of whether it is favorable or unfavorable to its side of the case, (4) the violation of appellant's rights to have effective assistance of counsel and a speedy trial, and (5) an abuse of discretion in sentencing him.

This was the second trial of this case. Previously, in May of 1961, it was tried before BLANC, J., and a jury, which returned a verdict of guilty. Judge BLANC subsequently granted a new trial but refused to arrest judgment.

The facts of the occurrence which caused the prosecution as set forth in appellant's "History of the Case" and which do not vary materially from the statement in appellee's brief are:

"On June 12, 1957 Harry Lucet, the owner of a check cashing business, left his home in West Philadelphia with a briefcase containing $2,000 in cash, about $8,000 in checks and business records. He went to the bank and obtained $8,000 more in cash and proceeded to his office at 26th and Reed Streets. He parked his automobile at the northwest corner of 26th and Reed Streets and was crossing the atreet to go to the office on the southeast corner of 26th and Reed Streets, when a man in front of him tugged at his briefcase and said, 'Give me that if you don't want to get killed.' He was slugged over the head with a blunt instrument by someone

[ 198 Pa. Super. Page 562]

    in the rear. The two robbers then ran to an automobile parked in the 2600 block of Reed Street.

"A P.T.C. bus operator got the license number of the automobile. A roadblock was set up, and the automobile was stopped fifteen minutes later fleeing from the scene and the driver, one John Damanskis, was arrested and taken into custody. No money was found in his possession or in the ...


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