Appeals from judgments of Court of Quarter Sessions of Philadelphia County, July T., 1965, Nos. 565, 569, and 570, in case of Commonwealth of Pennsylvania v. Ada David.
Harvey Steinberg, with him George Gershenfeld, for appellant.
Michael M. Baylson, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J.
[ 209 Pa. Super. Page 170]
These appeals are from the judgments of sentence by the Court of Quarter Sessions of Philadelphia County after trial and conviction before a judge without a jury, on charges of setting up and maintaining an illegal lottery, pandering, and prostitution and assignation.
Two plainclothes officers of the Philadelphia police force were investigating a report from a reliable, confidential
[ 209 Pa. Super. Page 171]
source that appellant was operating a house of prostitution at 5737 Cedar Avenue, Philadelphia. The one officer made two phone calls to the premises and spoke to someone who identified herself as "Ada". He then went to the premises and was admitted by the appellant "Ada", whose voice he identified as being the same one he had heard on the phone.
While seated in the parlor, ostensibly waiting for his friend, the appellant asked if he saw anything he liked, and suggested that he look around. He said he liked the girl whom appellant had sent up to the front bedroom with another man. Appellant said she was busy, but would take care of him as soon as she was finished. After some conversation the officer said he would be satisfied with one, "Marie Robinson", who was then sent upstairs to the middle bedroom with the officer. Once there, the girl immediately disrobed and secured from the bathroom a basin of warm water, soap and a washcloth and was preparing to have intercourse. When asked about the charges she told the officer they would have fun and when they were done he should pay Ada.
The other officer was on his way upstairs when the first officer identified himself to Marie who then tried to run out but was stopped and arrested. The two officers then went to the front bedroom where they found another couple in bed, naked, and in the act of having intercourse. They also found in a drawer of a night table several sheets of paper with figures on them indicating numbers play. Everyone in the premises was placed under arrest.
The appellant, two of the girls and one man were separately charged and indicted. All four cases were called for trial on the same day. They were all represented by the same counsel. On the day of trial one of the defendants, Marie Robinson, did not ...