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. WILLIAMS (09/12/68)

decided: September 12, 1968.

COMMONWEALTH
v.
WILLIAMS, APPELLANT



Appeal from judgment of sentence of Court of Quarter Sessions of Delaware County, June T., 1967, No. 114, in case of Commonwealth of Pennsylvania v. Alonzo Williams.

COUNSEL

Roy Davis, Assistant Public Defender, with him Mervyn R. Turk, Assistant Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, William R. Toal, Jr., First Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 213 Pa. Super. Page 163]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

On March 2, 1967, at about 9:30 a.m., Wilmer Johnson an employee of the Congoleum-Nairn Corporation

[ 213 Pa. Super. Page 164]

    in Trainer, Delaware County, entered the door of the time-record department of the plant. At that time, he was carrying a paper ice bag containing money. As he entered the door, he noticed an individual in front of him at the card rack. A few seconds later, Johnson was struck from behind by another individual, knocked down, and the ice bag taken from him. When he got up, the person in front of him and the person who struck him from behind, were gone.

Appellant was subsequently identified in a line-up by Mr. Johnson as the person standing at the card rack. Appellant was then arrested and indicted for the crimes of robbery on two counts, larceny, and receiving stolen goods.

At appellant's trial, Mr. Johnson, the sole eyewitness to the robbery, was the Commonwealth's chief witness. He again identified appellant as the individual he had seen at the card rack the day of the robbery. Appellant testified that he was not near the plant on March 2, 1967, and presented alibi witnesses on his behalf.

Appellant was found guilty by the jury on the second count of robbery, and not guilty of the crimes of larceny, receiving stolen goods, and the first count of robbery.

Following the verdict, but prior to sentencing, appellant filed a motion for a new trial on the ground that there was after discovered evidence which would have affected the outcome of his trial. A hearing on this motion was held on January 26, 1968, and at the conclusion thereof, the motion was denied. On March ...


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.