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COMMONWEALTH v. DAVIS (04/14/70)

decided: April 14, 1970.

COMMONWEALTH
v.
DAVIS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1968, No. 748, in case of Commonwealth of Pennsylvania v. Alonzo Davis.

COUNSEL

F. Lee Bailey, with him Alan Frank, for appellant.

Carol Mary Los, Assistant District Attorney, with her Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 216 Pa. Super. Page 347]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a judgment of sentence of 2 1/2 to 5 years on a charge of receiving four stolen dresses. Although many issues have been raised by appellant, I believe that the judgment should be reversed because the Commonwealth failed to prove that appellant was in control of the stolen goods.

The relevant facts in this regard may be set out as follows:

During the months of March and April, 1968, members of the Pittsburgh Police Department conducted an alleged daily surveillance of premises known as 7818 Bennett Street. 7818 Bennett Street is a three-story building designated by public records to be a duplex. The interior of the building was arranged to accommodate four families in private apartments. One family lived on the third floor, two families lived on the second floor and one family lived on the first floor. The basement area was shared by the tenants for recreational and laundry purposes and occasional dining. The tenants paid their rent to Patricia Kendall who resided on the first floor with her two children. When the basement area was locked, ...


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