Appeal, No. 332, Oct. T., 1962, from judgment of Court of Oyer and Terminer and General Jail Delivery of Bucks County, Nov. T., 1960, No. 164, in case of Commonwealth of Pennsylvania v. Joseph Dalton, alias Daniel Dalton. Judgment affirmed.
Malvin L. Skaroff, with him Skaroff and Skaroff, for appellant.
Edward G. Biester, Jr., Assistant District Attorney, with him Paul R. Beckert, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 199 Pa. Super. Page 389]
Joseph Dalton and Phillip Miller were separately indicted in the Court of Oyer and Terminer of Bucks
[ 199 Pa. Super. Page 390]
County on charges, inter alia, of burglary, larceny, and conspiracy. After a joint trial, covering three days, the jury returned verdicts of guilty. Motions in arrest of judgment and for a new trial were denied, and sentences were imposed. Each defendant has appealed, and separate orders will be required. However, the appeals raise identical issues and our opinion in this case, which is Dalton's appeal, will also apply to Miller's appeal. The factual situation appears in the following excerpt from the opinion below:
"The burglary in question occurred at the premises of the Owls Club in Perkasie, this County, between the hours of two and eight a.m. on the morning of February 12, 1960. Entrance was obtained by the forcible opening of a rear window, and the interior of the building was thoroughly ransacked. Two safes and the coin boxes of certain vending machines were broken into and rifled. One safe, located under and behind the bar, was forced open by the use of heavy instruments on the combination dial and the interior lock mechanism. Removed therefrom was the sum of approximately $1300, consisting of wrapped pennies, nickels, dimes and quarters, plus paper currency in denominations of $1, $5, $10 and $20 bills. On the front surface of the safe door and the damaged locking mechanism were impact marks or abrasions of a different color and type of paint which had been scraped thereon from the instruments used to force it open. Dusty footprints were left on the top surface of the bar, the tread of the heels being of an unusual and distinctive design; other footprints were discovered within the premises, apparently made by the conventional nonskid sole of an ordinary rubber overshoe. Attempts by a police expert to discover and record latent fingerprints were unsuccessful; however, smudge marks, indicative of the use of gloves, were noted on the safe and on a nearby light fixture which could be reached by
[ 199 Pa. Super. Page 391]
standing on the bar and which apparently had been tampered with.
"About 10:30 a.m. on the next day, February 13, 1960, defendants were stopped for a speeding violation by a New Jersey State Policeman on the northbound lanes of the New Jersey Turnpike between the Bordentown and Hightstown Interchanges. Upon questioning, defendants identified themselves as being from Providence, Rhode Island. The car was operated by defendant Dalton and was registered in his wife's name at a Providence Address. In the trunk of the vehicle were found a valise or attache case containing $310.34 in coins, consisting of pennies, nickels, dimes and quarters, $194 of which were in wrappers, with other discarded empty wrappers also therein; two suitcases, one of which (admittedly defendant Miller's) containing a shirt in the pocket of which were 150 one dollar bills, and the othe of which (admittedly defendant Dalton's) containing $110 in one dollar bills; two pairs of rubber overshoes, two pairs of work gloves (one with the knuckles cut out), a pair of work shoes (admitted by defendant Dalton to belong to him), a metal tool box containing an assortment of miscellaneous tools including a chisel, a new five pound maul type hammer with blue ...