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COMMONWEALTH v. SINDEL ET AL. (04/15/65)

decided: April 15, 1965.

COMMONWEALTH
v.
SINDEL ET AL., APPELLANTS



Appeals from judgments of Court of Quarter Sessions of the Peace of Northampton County, Sept. T., 1963, Nos. 200 and 201, in cases of Commonwealth of Pennsylvania v. Elias A. Sindel; Commonwealth v. J. Tyler Kulik and Elias A. Sindel.

COUNSEL

Irving Wilson Coleman, for appellant.

Edwin P. Rome, with him Morton Witkin, and Blank, Rudenko, Klaus & Rome, and Witkin & Egan, for appellant.

John Watts Barrett, Assistant District Attorney, with him Bernard V. O'Hare, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Montgomery, J. Ervin, P. J., and Wright, J., would affirm on the opinion of the court below.

Author: Montgomery

[ 205 Pa. Super. Page 357]

At No. 200 September Session, 1963, Dr. Elias A. Sindel was indicted for the crime of abortion upon Barbara Feraldo on or about March 14, 1963.

At No. 201 of the same session J. Tyler Kulik and Dr. Sindel were indicted for the crime of conspiracy to have Dr. Sindel perform the abortion aforesaid on said Barbara Feraldo.

The indictments were consolidated for trial which resulted in verdicts of guilty on both indictments. Motions for new trials and in arrest of judgment having been overruled and judgments of sentence imposed, these appeals followed.

Trial Errors -- Consolidation

Each appellant complains that his motion for a separate trial was refused. The court consolidated the

[ 205 Pa. Super. Page 358]

    two indictments for trial because the facts and circumstances were interwoven and involved the same girl, namely, Barbara Feraldo. In Commonwealth v. Evans, 190 Pa. Superior Ct. 179, 154 A.2d 57 (1959), affirmed 399 Pa. 387, 160 A.2d 407 (1960), cert. denied, 364 U.S. 899, 81 S. Ct. 233, 5 L. Ed. 2d 194, a case vastly more involved than the present one, charges of conspiracy were consolidated for trial with charges of fraudulent pretense against two of five alleged conspirators. Therein President Judge Rhodes, recently retired from this Court, stated the law on the subject of consolidation, with which we are in accord and ...


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