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COMMONWEALTH v. YOUNG (10/25/66)

decided: October 25, 1966.

COMMONWEALTH
v.
YOUNG, APPELLANT



Appeals from judgment of sentence of Court of Quarter Sessions of the Peace of Delaware County, June T., 1965, Nos. 439 and 440, in cases of Commonwealth of Pennsylvania v. Emmett Young, Jr.; and Same v. Pete Holloway. Appeal of Emmett Young, Jr.

COUNSEL

Melvin E. Caine, with him Caine & Di Pasqua, for appellant.

Vram S. Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, Paul R. Sand, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for Commonwealth, appellee.

Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., absent). Dissenting Opinion by Hoffman, J. Jacobs and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 208 Pa. Super. Page 479]

The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of sentence of the court below is affirmed. The defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part of it which had not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

I respectfully dissent.

Defendant Young was tried jointly with defendants Holloway and Adams in the Court of Common Pleas of Delaware County on charges of larceny, conspiracy, and receiving stolen goods.

[ 208 Pa. Super. Page 480]

Commonwealth witnesses established that Young's two co-defendants, Holloway and Adams, stationed an automobile in a restricted parking area of the H. K. Porter Company on the nights of February 25 and 26, 1966. A plant foreman testified that he saw Young remove two large coils of nickel wire from a company building on the night of the 26th. He stated further that Young placed the coils in the trunk of Holloway's car, where they were ...


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