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COMMONWEALTH v. HONIGMAN (04/14/70)

decided: April 14, 1970.

COMMONWEALTH
v.
HONIGMAN, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1964, Nos. 503, 504, 506, 507, and 508, in case of Commonwealth of Pennsylvania v. David Honigman.

COUNSEL

Bernard L. Segal, with him Needleman, Needleman, Segal & Tabb, for appellant.

James D. Crawford, Assistant District Attorney, and 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 303]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

In the instant case, appellant, David Honigman, was convicted of arson and conspiracy to defraud an insurance carrier as a result of a fire which occurred at a restaurant. Honigman was not at the scene nor was he accused of actually setting the fire.

[ 216 Pa. Super. Page 304]

The fire was started by Norman Prussel, a professional arsonist, who sustained severe burns during the course of the blaze and died several days later. The Commonwealth's case depended primarily on the testimony of a single witness, Edward Klayman, who was a coconspirator. Klayman seriously implicated Honigman when he stated that Prussel had received the key to the premises from Honigman.

In an attempt to rebut this factual allegation, appellant sought to introduce the testimony of a Detective Matthews who had interviewed Prussel in the hospital. Prussel allegedly told Matthews at that time ...


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