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COMMONWEALTH v. JONES ET AL. (11/14/68)

decided: November 14, 1968.

COMMONWEALTH
v.
JONES ET AL., APPELLANTS



Appeal from judgments of Court of Quarter Sessions of Northampton County, June T., 1966, No. 45, in case of Commonwealth of Pennsylvania v. Elwood Jones et al.

COUNSEL

Renald S. Baratta, with him S. Maxwell Flitter, for appellants.

Michael V. Franciosa, First Assistant District Attorney, with him Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Hoffman, J. Wright, P. J., and Watkins and Jacobs, JJ., would affirm on the opinion of Judge Barthold below.

Author: Hoffman

[ 213 Pa. Super. Page 505]

Defendants Foanio, Tuminello and Jones were convicted and sentenced for establishing a gambling place and conspiracy.

The Commonwealth's case was based primarily on the testimony of two witnesses, Royce Barr and his girl friend Edna Bubba.

[ 213 Pa. Super. Page 506]

Barr testified that in February, 1966, defendant Foanio, in the presence of Mrs. Bubba, stated that he was planning to conduct a dice game at the Easton Italian Home (Club) and that he would like to employ Barr as a bartender and Mrs. Bubba as a waitress. Foanio assured Barr that there was nothing to worry about, "that everything was set up and that I didn't have to worry about the law or anything, that everything was taken care of." Foanio further stated that the profits from the bar would belong to Barr and Mrs. Bubba.

Barr testified that he later attended a meeting at the Club in which the defendants and other persons participated. Barr stated that the conversation was carried on in Italian which he did not understand. At its conclusion, however, one of the people gave Foanio the keys to the Club. At that time Foanio paid for the whiskey then on the premises.

Barr further testified that he and Mrs. Bubba cleaned the Club and opened it the following night. That evening, defendants Jones and Tuminello brought boards onto the premises and fitted them to a pool table, converting it into a dice table.

Barr stated that the following night he saw Tuminello and Jones conduct a crap game on the converted pool table. At one point during the game Tuminello tried to take some of the betting money but Jones said "You can't take nothing out of there until we take it down to Charley Foanio and have him count it."

Barr also stated that there were dice games on each of the following three evenings. On the fourth night, there was no game because Barr informed defendants that he didn't want to get into ...


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