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COMMONWEALTH v. DIPIERO (04/15/65)

decided: April 15, 1965.

COMMONWEALTH
v.
DIPIERO, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Chester County, June T., 1962, No. 207, in case of Commonwealth of Pennsylvania v. Ralph DiPiero.

COUNSEL

Charles F. Mayer, with him James A. Lynch, for appellant.

John S. Halsted, Assistant District Attorney, with him A. Alfred Delduco, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Jacobs, and Hoffman, JJ. (Montgomery, and Flood, JJ., absent). Opinion by Watkins, J. Hoffman, J., concurs in the result.

Author: Watkins

[ 205 Pa. Super. Page 313]

This is an appeal by the defendant- appellant, Ralph DiPiero, from the judgment of sentence of the Court of Quarter Sessions of Chester County, after his conviction of the crime of forgery. He was sentenced to pay a fine of $300 and suffer imprisonment of not less than six months nor more than twelve months.

The statement of facts and the following portions of the opinion of the court below are hereby approved.

"The admitted facts of the case are as follows. Defendant was a salesman for a car dealer in Paoli, Pennsylvania on October 24, 1961. On this date he went to the Downingtown National Bank and opened an account

[ 205 Pa. Super. Page 314]

    under the name of Richard Mascara with a deposit of $30.00 cash. He gave Mascara's address as that of his estranged wife in Philadelphia and designated his occupation as a baker at the Chester County Farmer's market. On the very same day he drew a check to his own order on the Downingtown National Bank signing Mascara's name as the maker in the amount of $2,086.00 and deposited the check with $14.00 cash in an account in his name in the National Bank of Malvern. This account had been held for several months and was active in his own name and at the time had a balance of $350.34. Later on the same day he drew from that account the sum of $1,850.00 in cash. Some six or seven days later the check drawn on the Downingtown Bank was returned to the Malvern Bank marked 'insufficient funds'. For some four months thereafter the purported maker of the check, Dominic Mascara, was sought and, when contacted by the County Detective, defendant said that Mascara had been a friend of his and that he too was looking for him as he owed him money also. Finally the authorities concluded the identity of Mascara with that of defendant through handwriting experts and defendant was charged with forgery. When finally brought to trial over two years later he admitted the identity of himself and Mascara for the first time through his counsel at trial.

"Within four days of the verdict of guilty, defendant filed a motion for new trial on the grounds that the verdict was against the evidence and contrary to the weight of the evidence and defendant was afforded thirty days to file additional and supplemental reasons. No additional reasons were filed nor more time requested. No specific exceptions were taken to the charge of the court nor were suggestions made by either counsel to amend or alter the charge in any way.

"The facts, save for intent, were wholly admitted and the question of defendant's ...


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