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COMMONWEALTH v. BROWN (12/10/69)

decided: December 10, 1969.

COMMONWEALTH
v.
BROWN, APPELLANT



Appeal from order of Court of Common Pleas of Clearfield County, Feb. T., 1966, No. 45, in case of Commonwealth of Pennsylvania v. Joseph F. Brown, Jr.

COUNSEL

Joseph F. Brown, Jr., appellant, in propria persona.

Ervin S. Fennell, Jr., Assistant District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 216 Pa. Super. Page 82]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant pleaded guilty to being an accessory before the fact to larceny, being an accessory after the fact to larceny, and receiving stolen goods. The bill to which he pleaded states, in pertinent part: ". . . [O]n or about the 13th day of January, 1966, . . . the Defendant . . . did unlawfully and knowingly act as an accessory before the fact to the felony of larceny in that he unlawfully and knowingly assisted, counseled, and abetted one Glenn Benninger to encourage Douglas L. Rezyle, a minor, to steal from his father, money, in the amount of approximately $110.00; . . . [The defendant] on or about the 13th day of January, 1966, . . . did act as accessory after the fact to the felony of larceny with Glenn Benninger in that he did unlawfully and knowingly cooperate, assist, counsel and abet in the perpetration of said larceny and accepted a share of the money received; . . . [The defendant] on or about the 13th day of January, 1966, . . . did act unlawfully and feloniously receive money in the value of approximately

[ 216 Pa. Super. Page 83]

$110.00 which was the property of the father of one [Douglas] L. Rezyle, a minor, the said [defendant], well knowing the same to have been feloniously taken, stolen and carried away . . . ."

Appellant was sentenced to one to three years imprisonment on the receiving stolen goods charge, three years probation on the accessory before the fact charge, and three years probation on the accessory after ...


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