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COMMONWEALTH v. FOOSE (03/19/70)

decided: March 19, 1970.

COMMONWEALTH
v.
FOOSE, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1966, Nos. 4817, 4818, and 4819, in case of Commonwealth of Pennsylvania v. Otis Foose.

COUNSEL

Jonathan P. Axelrod, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Deputy District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 216 Pa. Super. Page 210]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

On February 3, 1965, two armed men held up a bar in Philadelphia. During the holdup a Texaco credit card was taken from one of the patrons, John Shinners. Six days later two men entered an Atlantic service station in Abington, Pa., which was attended by Lawrence J. Kinsler. One of the men, identified by Kinsler as Otis Foose, appellant herein, presented an unidentified Texaco credit card. The other man then pulled out a revolver and rifled the station's drawers and took a wallet from Kinsler. When they left, Kinsler called the police. Shortly thereafter Foose and another man were apprehended. A search of Foose uncovered Shinners' Texaco credit card.

This case involves the trial for the robbery at the bar. At this trial, however, Kinsler was permitted to testify at length concerning the presentation of the Texaco card and the subsequent armed robbery at the Abington service station.

The testimony of Kinsler constituted the introduction of evidence as to a separate and distinct crime, a practice which, subject to limited exceptions, is clearly prohibited. As we stated in Commonwealth v. Trowery, 211 Pa. Superior Ct. 171, 173-174, 235 A.2d 171 ...


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