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COMMONWEALTH v. RUSSELL (03/19/70)

decided: March 19, 1970.

COMMONWEALTH
v.
RUSSELL, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, July T., 1968, No. 686, in case of Commonwealth of Pennsylvania v. William Russell.

COUNSEL

David N. Savitt, with him John Patrick Walsh, and Walsh & Savitt, for appellant.

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

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

Author: Per Curiam

[ 216 Pa. Super. Page 240]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant, William Russell, was indicted on charges of burglary, larceny and receiving stolen goods. At the conclusion of the trial before a judge alone, appellant was found not guilty of burglary and larceny, but guilty of receiving stolen goods. This appeal followed.

[ 216 Pa. Super. Page 241]

This case involved the theft of several items from the home of one Elizabeth Brinton. The Court in its opinion relied heavily on the following testimony which was crucial in reaching its decision.

"Thomas A. Laub, a next-door neighbor of Miss Brinton, testified that on the evening in question at approximately 11 o'clock, he did observe a vehicle going up and down the common driveway to the rear of his property. This driveway runs the entire length of the block in the rear of the houses on the 4800 block of Castor Avenue, and provides access to the garages at the rear of each home. Laub testified that the vehicle passed him a couple of times while he was putting his car away, that he thought the occurrence odd and he therefore made a mental note of the license number of the vehicle and subsequently reported ...


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