Appeal from judgment of Court of Quarter Sessions of Montgomery County, April T., 1964, No. 4, in case of Commonwealth of Pennsylvania v. Michael Werner.
Louis Lipschitz, with him Joseph Hakun, and Lipschitz & Chalfin, 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., concurs in the result.
[ 206 Pa. Super. Page 499]
Appellant, Michael Werner, hereinafter called defendant, was found guilty by a jury of the crimes of robbery, burglary and conspiracy. Motions for a new trial and in arrest of judgment were promptly filed and dismissed, without argument, by the trial judge. Sentence was imposed and the defendant appeals from that sentence.
The trial occurred in December, 1964. At the end of the third day of trial the defendant was on the stand being cross-examined. Court was adjourned at 3:45 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: Then we will adjourn until tomorrow morning at 9:00 o'clock. Come in at that time please and take the seats which you now occupy. Remember my admonition not to discuss the case with anyone or permit it to be discussed in your presence. You may
[ 206 Pa. Super. Page 500]
go now and return tomorrow morning at 9:00 o'clock.
" Mr. Werner, you are under cross-examination, so do not discuss the case until your cross-examination is resumed tomorrow morning.
"Mr. Cirillo: If the court please, in Mr. Yohn's presence, can I ask him a question -- I just wanted to ask him if there are any other witnesses he wants me to call.
"The Court: He certainly has a right to confer with you but I don't want him to discuss this testimony with you. He is under cross-examination. But you may ask him about witnesses. There is no reason you cannot talk to ...