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COMMONWEALTH v. GIBSON (09/12/63)

September 12, 1963

COMMONWEALTH
v.
GIBSON, APPELLANT.



Appeal, No. 146, Oct. T., 1963, from judgment of Court of Quarter Sessions of Philadelphia County, April T., 1960, No. 169, in case of Commonwealth of Pennsylvania v. George Gibson. Judgment affirmed.

COUNSEL

Arthur Silverman, with him Ettinger, Gallagher & Silverman, for appellant.

Thomas M. Reed, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, Jr.., 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: Watkins

[ 201 Pa. Super. Page 574]

OPINION BY WATKINS, J.

George Gibson the defendant appellant was convicted of the burglary and larceny of a quantity of valuable drugs from the Upjohn Company. He appeals from the judgment of sentence by the Court of Quarter Sessions of Philadelphia County to a fine of $1000 and costs, a prison term in the Philadelphia County prison for not less than nine months nor more than twenty-three and one-half months and restitution; and from the denial by the court en banc below of motions in arrest of judgment and for a new trial.

The facts are well stated in the opinion of the court below, as follows:

"The Upjohn Company, a distributor of pharmaceuticals, has a warehouse and distribution center located in Philadelphia, at 401 North Broad Street where the Upjohn premises are located in the Northwest wing of the seventh floor. The premises occupy approximately 25,000 square feet, 5,500 square feet of which

[ 201 Pa. Super. Page 575]

    is used for office space, the balance being used for warehouse space. The premises are under the protection of the Holmes Electric Protective Company from the close of business until the reopening for business the following day; they are not under the protection during the hours the premises are opened for business. None of the warehouse windows, of which there are approximately 70, were under the protection of this service.

"At the time of the alleged offenses there were 36 Upjohn inside employees. Among these, Vere J. Ranney was the Branch Office Manager; Richard Buck was the Shipping Superintendent; George Gibson (the defendant) was Shipping Supervisor; Walter Grudzinski and Thomas Boyle were Stock Control Clerks; Anna Ellis and Mary Thompson were office workers; and Louise Larson was clean-up woman.

"It was part of general office routine to conduct a daily inventory check of certain valuable drugs. The inventory check included the four valuable drugs alleged to be missing. These inventory checks for the general period in question were taken over alternate periods by Walter Grudzinski and Thomas Boyle. An inventory check of the valuable drugs was made on Friday, March 18, 1960 by Walter Grudzinski. It was completed before noon of that day. The Upjohn premises closed for business at 5:00 P.M. on Friday, March 18 and were not open for business again until the following Monday, March 21, 1960. The premises were closed on Saturday and Sunday, March 19 and 20. Mrs. Larson was the last employee known to be on the premises on Friday, March 18. She departed at approximated 6:20 P.M. at which time she 'closed the alarm' and thus put the Holmes Electric Protective ...


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