Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. ROSS ET UX. (03/15/68)

decided: March 15, 1968.

COMMONWEALTH
v.
ROSS ET UX., APPELLANTS



Appeals from judgments of Court of Quarter Sessions of Philadelphia County, March T., 1967, No. 935, in cases of Commonwealth of Pennsylvania v. Tony Ross; and Same v. Emma Ross.

COUNSEL

Dennis Eisman, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellants.

Ivan Michaelson Czap, 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.

Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 211 Pa. Super. Page 488]

Judgments of sentence affirmed.

Disposition

Judgments of sentence affirmed.

[ 211 Pa. Super. Page 489]

Dissenting Opinion by Hoffman, J.:

Defendants, Emma and Tony Ross, were charged with assault and battery, aggravated assault and battery, and assault and battery with intent to commit murder, upon Lucius Whitaker on February 4, 1967. After a trial on April 17 and 18, 1967, the jury found defendants guilty on all counts. Motions for new trial and in arrest of judgment were denied. Tony Ross was sentenced to a term of not less than two nor more than five years in the Eastern State Correctional Institution. Emma Ross, however, was sentenced to a maximum sentence of seven years to the State Correctional Institution at Muncy, under the Act of July 25, 1913, P. L. 1311, § 15, as amended, 61 P.S. § 566.

The Commonwealth's case, was, in great part, based on the testimony of Lucius Whitaker. The lower court summarized this testimony as follows: "Lucius Whitaker testified that he knew the defendants for seven or eight years and was on friendly terms with them. On February 4th he called at their home as he had done many times before. He brought with him a half pint bottle of gin. While he was there he consumed about three-fourths of the contents and was under the influence of liquor but was not intoxicated. Mrs. Ross was cooking some food which she served to her husband. He and Mrs. Ross were in the front room watching television. Tony Ross came out and asked Whitaker who sent him around to kill him. Mrs. Ross then asked him the same question. He had no weapon of any sort when he called at the Ross home. As he started to walk toward the door, he reached the vestibule when Tony Ross ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.