Appeal, No. 125, Oct. T., 1961, from judgment of Court of Quarter Sessions of Bucks County, Sept. T., 1961, No. 188, in case of Commonwealth of Pennsylvania v. Rudolph Boyance. Judgment affirmed.
James J. Phelan, Jr., for appellant.
Ward F. Clark, Assistant District Attorney, and Paul R. Beckert, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 199 Pa. Super. Page 205]
OPINION BY MONTGOMERY, J.
Appellant was charged with the offenses of burglary, larceny, receiving stolen goods, and conspiracy for offenses allegedly committed in Pennsylvania, and also charged with the possession of burglary tools, bringing stolen property into the State, and conspiracy for offenses allegedly committed in New Jersey.
At the trial, the Commonwealth contended that during the latter part of June and the early part of July, 1961, the appellant, in company with other persons, forced entry into the Franklin Hardware and Supply Company and stole cash and blank imprinted payroll checks, forced entry into the R. Funk and Company, where payroll checks and petty cash from the sale of coke were taken, forced entry into Sommer Maid Creamery, Inc., where money was taken from coke and coffee machines, forced entry into Sommer Manufacturing Company, where cash was taken, and forced entry into Metco Manufacturing Company, wherein petty
[ 199 Pa. Super. Page 206]
cash and money from a coke machine were stolen. Representatives of each company testified to having observed indications that their business establishments had been burglarized, and described what was missing. Representatives of three companies located in New Jersey, C. & D. Motors, Volk Motors, and D. & W. Blueprint Company, also testified to evidence that their business establishments had been burglarized, and described what had been taken. A Pennsylvania State Police officer testified that during the early morning hours of July 13, 1961, he, and a Bensalem Township police officer observed the defendant when he emerged from a car which they had earlier observed leaving the defendant's home, without the defendant, but occupied by John Malpass and Thomas Redd. The officers followed the car to Trenton, New Jersey, where it picked up two other men. They followed the car to Volk Motors and observed three men leave the car and go behind the building, returning hurriedly ten or fifteen minutes later, one of the men carrying a checkwriting machine. The police then followed the defendant and his companions to the New Jersey Plumbing Supply House, where they pulled into the driveway out of sight. Upon their emergence, the police followed the car to Pop's Pizza House, which is where the police first identified the defendant when he entered the restaurant while the other three headed for an adjacent used car lot. Defendant returned in five minutes and resumed his position in the driver's seat. The police continued to follow the car and observe the actions of the occupants until they lost the car in traffic. They waited at the toll bridge at Morrisville where they again observed the car with John Malpass driving, accompanied only by Thomas Redd, and preceded by another automobile containing the defendant.
After observing the two cars, the officers radioed ahead for a search warrant, and after being joined by
[ 199 Pa. Super. Page 207]
other police officers who had obtained the search warrant, proceeded to the home of the defendant. After entry had been refused, the police officers forcibly entered the house and found the defendant, Roberts, and Redd, along with the stolen checkwriter, checks and cash. The defendant and Roberts were hiding under a ...