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COMMONWEALTH v. MICKENS (06/12/63)

June 12, 1963

COMMONWEALTH
v.
MICKENS, APPELLANT.



Appeal, No. 52, Oct. T., 1963, from judgment of Court of Oyer and Terminer and General Jail Delivery and Quarter Sessions of the Peace of Philadelphia County, July T., 1962, Nos. 1805 and 1806, in case of Commonwealth of Pennsylvania v. Matthew Mickens. Judgment affirmed.

COUNSEL

Robert H. Arronson, for appellant.

Burton Satzberg and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

Author: Montgomery

[ 201 Pa. Super. Page 51]

OPINION BY MONTGOMERY, J.

Appellant was indicted for aggravated robbery and assault and battery, aggravated assault and battery, and aggravated assault and battery by cutting allegedly committed with unknown persons on Christopher Milner, age 18, on June 21, 1962.

At the subsequent jury trial the victim testified that on that date at approximately 9:45 P.M. he was proceeding to visit a girl friend, whose address he had forgotten, when he noticed a group of young men sitting on the street corner drinking wine; that appellant emerged from the group, approached him and engaged him in a conversation; that appellant offered him some beer, demanding a quarter for it, and directed him to drink it in a nearby vacant lot; that immediately after entering the lot he was attacked by the group, punched, knocked to the ground, stamped upon and kicked; that a transistor radio which he was carrying on his shoulder was taken from him by one of his attackers; that appellant removed $19.80 from his pocket; that he began to black out as the group ran away; that he attempted to follow them until he was stopped by the appellant, who called a police officer and told him that the victim had accidentally fallen and needed a doctor; that he

[ 201 Pa. Super. Page 52]

    told the police that he had been beaten and robbed, and identified the appellant as one of his assailants and as the one who had taken his money.

A Philadelphia police officer testified that Milner told him he had been beaten and robbed by some men; that a few seconds later appellant told him that Milner had fallen and hurt himself and that Milner identified the appellant as one of the men who robbed him, which the appellant denied. The appellant, when questioned at that time, also denied having any money, but a search of his person disclosed five dollars.

Appellant was interviewed later by city detectives, who testified as to the interview, stating that he had told them that he and another boy were sitting on the steps of a vacant house when Milner approached, questioned them about a girl's address, and waved a cap pistol stating that it was a real gun; that the other boy asked Milner to come into the alley for a drink; that appellant followed about ten minutes later and found Milner lying on the ground, his face covered with blood and his radio gone; that he told Milner he was taking him to a hospital and helped him to the street where he met a police officer and told him that Milner had fallen and hurt himself. The detective testified further that appellant had told him that Milner was intoxicated and that he had taken him home in an intoxicated condition some three months prior to the incident. The detective also described the appellant as wearing light shoes, "a dirty tan or something on that order."

Appellant testified in his own defense that he and a friend were drinking with Milner and took him home drunk three months prior to the incident. He further testified that he did not participate in the robbery or beating of Milner and the only connection he had with Milner ...


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