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COMMONWEALTH v. ALI (06/12/69)

decided: June 12, 1969.

COMMONWEALTH
v.
ALI, APPELLANT



Appeal from judgment of Court of Quarter Sessions of Allegheny County, Dec. T., 1967, No. 272, in case of Commonwealth of Pennsylvania v. Arab Ali.

COUNSEL

David B. Washington, for appellant.

J. McGinley, Assistant District Attorney, with him Charles B. Watkins and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this opinion.

Author: Per Curiam

[ 214 Pa. Super. Page 513]

Judgment of sentence affirmed.

Disposition

Judgment affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent. Appellant Arab Ali was convicted of passing a worthless check in violation of the Act of June 24, 1939, P.L. 872, § 854, 18 P.S. § 4854. In this appeal from judgment of sentence, he contends that the court below erred in denying his motions for new trial and in arrest of judgment.

The worthless check upon which the prosecution was founded was issued to the Totem Lumber Company on September 9, 1966, in the amount of $349.95. The basic facts surrounding presentation of the check are undisputed. On September 9, appellant signed a blank check which was given to his employe, one Duzan Garmusa. Garmusa took the check to Totem Lumber Company. At the lumber company, the amount of the check was completed by or at the direction of

[ 214 Pa. Super. Page 514]

Garmusa and the check accepted by Totem as payment for materials delivered to Garmusa. The materials delivered to Garmusa were itemized on a three page sales slip and had a total cost of $349.95. The check was ...


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