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COMMONWEALTH v. CAPLAN. (07/15/63)

July 15, 1963

COMMONWEALTH
v.
CAPLAN.



Original jurisdiction, No. 8, Miscellaneous Docket No. 13, petition of Commonwealth of Pennsylvania, by James C. Crumlish, Jr., District Attorney of Philadelphia, for writ of mandamus. Petition dismissed.

COUNSEL

Charles Jay Bogdanoff, Assistant District Attorney, with him Richard A. Sprague and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, petitioner.

Donald J. Goldberg, with him Garfield W. Levy, for respondent.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 411 Pa. Page 564]

OPINION BY MR. CHIEF JUSTICE BELL

The District Attorney of Philadelphia, James C. Crumlish, Jr., filed a petition for a writ of mandamus in this Court.

The Grand Jury returned sundry indictments against Martin J. Caplan, charging him with conspiracy,

[ 411 Pa. Page 565]

    burglary, larceny, and receiving stolen goods. Defendant's counsel filed a petition, entitled a bill of particulars*fn1 on which a rule to show cause was granted. The petition averred that the indictments did not set forth facts with sufficient particularity and it sought the following information:

1. With respect to the conspiracy charges - (a) The date, time and place when the alleged conspiracy commenced; (b) the date when the conspiracy terminated; (c) the names of all persons now known to the Commonwealth who ever participated in the conspiracy; and (d) copies of all statements of all witnesses listed upon the bills of indictment.

2. With respect to bills of indictment charging defendant with receiving stolen goods: (a) The date, time and place the goods were received; (b) the date, time and place when and where the goods were stolen; (c) all persons now known to the Commonwealth who participated in the theft; and (d) copies of statements of all witnesses listed upon the indictments.

3. With respect to the bills of indictment charging the defendant with burglary: (a) The date and time when each alleged burglary took place; (b) all persons who participated in the burglary; (c) a list of the articles taken in the burglary; and (d) a ...


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