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COMMONWEALTH v. MCKARSKI (09/15/66)

decided: September 15, 1966.

COMMONWEALTH
v.
MCKARSKI, APPELLANT



Appeal from judgments of Court of Quarter Sessions of Warren County, Feb. T., 1965, No. 64, in case of Commonwealth v. Mike McKarski.

COUNSEL

Edward G. Petrillo, for appellant.

Samuel F. Bonavita, District Attorney, with him M. A. Kornreich, Assistant District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Jacobs, J.

Author: Jacobs

[ 208 Pa. Super. Page 377]

This appeal is from the judgment of sentence imposed after appellant's conviction on two counts of an indictment charging the common law offenses of common nuisance and immoral or improper conduct.

On October 30, 1964, appellant, the business agent of the Plumbers and Pipe Fitters' Local Union No. 580 of Warren, Pennsylvania, was picketing on a sidewalk along a parking lot on the premises of the Webster

[ 208 Pa. Super. Page 378]

Plumbing and Heating Company, Warren. Two other union members were also present. The lot was about 65 feet long and it was possible to drive over the sidewalk and into the parking lot at any point along the 65 foot lot. At about 8 a.m. Eugene Webster, the brother and employee of Willard Webster, the owner of the company, was driving a company-owned but unmarked half-ton pickup truck and began to make a left turn from Pennsylvania Avenue into the parking lot. The front end of the truck came to within a foot or two of appellant who was walking along the inside of the sidewalk.

At this point there is a conflict in testimony. Appellant testified that he was startled by the truck and stopped momentarily and that the truck then lurched forward hitting him in the left leg. The Commonwealth produced four 13 year-old boys, who testified that the truck did not strike McKarski, and two adult neighbors, who said they saw McKarski make a move toward the truck and then deliberately lie down.

Two police officers were called to the scene. Appellant told one officer that the truck hit him and that his back hurt and he felt that his neck was going to sleep. An ambulance was called and appellant was carried to it on a stretcher. From 12 to 20 pedestrians stopped to see what was going on and traffic was held up for the ambulance to proceed.

A medical examination, including X-rays, at the Warren General Hospital revealed no evidence of a recent injury and appellant was discharged. The police officers then took him in their police car to the police station where they had appellant sign a statement containing his version of the ...


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