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. GOMORI (03/12/70)

decided: March 12, 1970.

COMMONWEALTH
v.
GOMORI, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Mercer County, March T., 1968, No. 74, in case of Commonwealth of Pennsylvania v. Steve Gomori, Jr.

COUNSEL

Herman M. Rodgers, with him Rodgers, Marks and Marks, for appellant.

Joseph J. Nelson, First Assistant District Attorney, with him Robert F. Banks, Assistant District Attorney, and Edward M. Bell, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 216 Pa. Super. Page 128]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Concurring and Dissenting Opinion by Hoffman, J.:

Appellant was convicted by a jury of burglary and possession of burglary tools. The sole burglary tool introduced into evidence was a wooden ladder. The ladder was found near an unlocked window, on the second floor roof, of a building which appellant had entered unlawfully. The trial court overruled appellant's demurrer to the evidence and denied his motions in arrest of judgment and for a new trial. This appeal followed.

Section 904 of The Penal Code, Act of June 24, 1939, P. L. 872, 18 P.S. § 4904, provides as follows: "Whoever has in his possession any tool, false-key, lock pick, bit nippers, fuse, force-screw, punch, drill, jimmy, or any material, implement, instrument or other mechanical device, designed or commonly used for breaking into any. . . dwelling house, or door, shutter or window of a building of any kind, with the intent to use such tools or instruments for any of the felonious purposes aforesaid, is guilty of a misdemeanor. . . ." [Emphasis added.]

The duty is imposed upon us by the Statutory Construction Act, Act of May 28, 1937, P. L. 1019, art. IV, § 58, 46 P.S. § 558, as well as Section 1104 of The Penal Code, 18 P.S. § 5104, to construe the provision of The Penal Code strictly. Compare Commonwealth ex rel. Varronne v. Cunningham, 365 Pa. 68, 73 A.2d 705 (1950), with Commonwealth v. Mason, 381 Pa. 309, 112 A.2d ...


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.