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COMMONWEALTH v. PEETROS (11/11/65)

decided: November 11, 1965.

COMMONWEALTH
v.
PEETROS, APPELLANT



Appeals from judgments of Court of Quarter Sessions of Montgomery County, April T., 1964, Nos. 4, 4-1, and 4-2, in case of Commonwealth of Pennsylvania v. James Nick Peetros et al.

COUNSEL

D. T. Spagnoletti, for appellant.

L. Francis Murphy, Assistant District Attorney, with him Richard S. Lowe, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Montgomery, Jacobs, and Hoffman, JJ. (Watkins and Flood, JJ., absent). Opinion by Jacobs, J. Wright, J., would affirm the judgments.

Author: Jacobs

[ 206 Pa. Super. Page 504]

Appellant, James Nick Peetros, hereinafter called defendant, was found guilty by a jury of the crimes of aggravated robbery, burglary and conspiracy. Motions in arrest of judgment and for a new trial were promptly filed and overruled by the trial judge without argument on the same day that they were filed. Sentences were imposed and it is from those sentences that the defendant appeals.

The trial occurred during January, 1965. At the end of the third day of trial the defendant was on the stand being cross-examined. Court was adjourned at 5:50 p.m. until the following morning at 9:00 o'clock. At the time of adjournment the following appears in the notes of testimony:

"The Court: Mr. Peetros, you are under cross-examination so don't discuss the case with anyone.

"The Defendant: Yes, sir.

"The Court: At least your testimony. I mean if you want to confer with counsel about other witnesses,

[ 206 Pa. Super. Page 505]

    it is perfectly all right, but don't discuss your ...


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