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COMMONWEALTH v. KOVELESKIE (03/20/68)

decided: March 20, 1968.

COMMONWEALTH
v.
KOVELESKIE, APPELLANT



Appeals from judgments of Court of Quarter Sessions of Northumberland County, May T., 1966, Nos. 99 and 100, in case of Commonwealth of Pennsylvania v. Frank Koveleskie.

COUNSEL

Roger V. Wiest, for appellant.

F. W. Rice, First Assistant District Attorney, submitted a brief for Commonwealth, appellee.

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

Author: Watkins

[ 212 Pa. Super. Page 8]

These appeals are from the judgments of sentence of appellant by the Court of Quarter Sessions of Northumberland County on two charges of larceny of motor vehicles. The appellant was tried before a jury, which returned verdicts of guilty on both charges and therefore we are bound to view the testimony in a light most favorable to the Commonwealth.

[ 212 Pa. Super. Page 9]

The facts appear to be as follows: The appellant, while living in Shamokin, Pennsylvania, was employed by a Mr. Tomol, a used car dealer, on August 24, 26 and 27, 1965. On August 28, 1965 appellant did not appear for work and Mr. Tomol discovered a 1965 Maroon Chevrolet Impala was missing from his lot.

Mr. Tomol notified the State Police who then began an investigation of the matter and sent out an eight-state alert. The State Police was notified via teletype that appellant had been seen in Maryland.

On February 11, 1966, the Chevrolet was found in a damaged condition parked in front of a flower shop near Tomol's used car lot. It had on one Maryland license plate and another one inside the car. In the car was found a key case containing the car keys and in a flap an identification card with the appellant's name and Shamokin address on it.

That same morning Mr. Tomol found that a 1963 Maroon Pontiac Grand Prix was missing from the lot and that the keys to it and the keys to another car had been removed from Mr. Tomol's office in his garage, which had been locked.

Each time a car was missing, one of Mr. Tomol's dealers plates was also taken, one of which was recovered after being found along the road near Elysburg.

On April 8, 1966, the appellant was apprehended in the 1963 Maroon Pontiac Grand Prix by the Baltimore County police, in Maryland. In the car were found several out of state license plates, appellant's clothes, tools, a temporary Pennsylvania license tag which had been issued to appellant, letters addressed to appellant, his discharge and his nephew's walkie-talkie, as ...


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