Appeal from judgment of Court of Quarter Sessions of Bucks County, Sept. T., 1964, No. 42, in case of Commonwealth of Pennsylvania v. Agostino Indelicato et al.
Allen M. Metzger, for appellant.
John J. Collins, Assistant District Attorney, with him Ward F. Clark, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Watkins, J.
[ 212 Pa. Super. Page 241]
This is an appeal by Alfred Manuszak, the defendant-appellant, from the judgment of sentence in the Court of Quarter Sessions of Bucks County after conviction of the charge of setting up and maintaining a gambling establishment; and from the denial of a motion for a new trial.
The appellant, together with Agostino Indelicato were indicted for setting up and maintaining a gambling establishment and conspiracy. Mr. Peter DeLuca, the lessee of the premises on which the alleged gambling took place and operating under the name of a club, "DeLuca's Oilers" was indicted separately for setting up and maintaining a gambling establishment and conspiracy. The indictments were consolidated for trial. A demurrer to the conspiracy count was sustained and the jury found all defendants guilty on the other counts.
The defendants Indelicato and Manuszak filed motions for a new trial which were refused; DeLuca filed a motion in arrest of judgment and for a new trial, which also was refused. Indelicato and DeLuca were each sentenced to pay one-half the costs of prosecution and fines of Five Hundred ($500) Dollars. The appellant was directed to pay one-half the costs of prosecution,
[ 212 Pa. Super. Page 242]
a fine of Five Hundred ($500) Dollars and undergo imprisonment for not less than sixty (60) days. Indelicato and DeLuca did not appeal.
The appellant contends that there was insufficient evidence to sustain the conviction. He also contends that it was error to permit the admissions against interest to be considered by the jury because the corpus delicti had not been first established. He also contends that there was insufficient evidence to prove proprietorship of the club or room in order to establish the crime.
The facts in this case are well stated by the court below as follows: "At 4:30 A.M. on the morning of April 18, 1964 a four-man detail of police consisting of State Trooper Stephen Luchanski, Pennsylvania State Police Sergeant Andrew Kutney, County Detective Charles Shaw and Vincent Faragalli, Chief of the Bristol Borough Police, raided a premises located in an alley between Dorrance and Penn Street, in Bristol Borough, Bucks County. This particular building had been under surveillance on three occasions prior to this raid. Sergeant Kutney stated that during these periods he observed men entering and leaving the building at various hours of the early morning. On April 17th, a search warrant was obtained. The first of the 'raiding party' to gain entrance into the building was Pennsylvania State Police Officer Luchanski, who gained entrance by merely ringing the buzzer and advising the person who answered the door (Indelicato) that 'Doc told me that I could find a little action here', to which Indelicato replied 'You must be the Hunk that Doc told me about'. 'Doc' was, during ...