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COMMONWEALTH v. BELGRAVE ET AL. (09/18/70)

decided: September 18, 1970.

COMMONWEALTH
v.
BELGRAVE ET AL., APPELLANTS



Appeals from judgments of sentence of Court of Common Pleas of Delaware County, Dec. T., 1968, Nos. 804 to 880, inclusive, in cases of Commonwealth v. Louis Belgrave et al.

COUNSEL

Garland D. Cherry, with him Kassab, Cherry, Curran & Archbold, for appellants.

Bernard P. Carey, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Hoffman, J., dissents and would grant a new trial. Dissenting Opinion by Spaulding, J. Cercone, J., joins in this dissenting opinion.

Author: Per Curiam

[ 217 Pa. Super. Page 297]

Judgments of sentence affirmed.

Disposition

Judgments of sentence affirmed.

[ 217 Pa. Super. Page 298]

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

This is a companion case to Commonwealth v. Green, 217 Pa. Superior Ct. 288, 269 A.2d 517 (1970). Appellants, Louis Belgrave, Lemuel Belgrave, Ira Bentley, Allen Coades, James Faust, Jr., Harry F. Seth, John H. Wilson, Jr., and Washington Howard, Jr., appeal from the judgments of sentence of the Court of Common Pleas of Delaware County. All of the facts supporting the indictments are set out at length in Green, supra, and it is not necessary to restate them.

All eight appellants herein were arrested and indicted on charges of riot, inciting to riot, conspiracy, public nuisance, common law nuisance, common law conspiracy, and obstructing the public highway. Appellants Washington Howard, Jr. and Lemuel Belgrave were also charged with assault and battery on a high school band member, aggravated assault and battery, assault with intent to maim, malicious mischief to real and personal property, and riotous destruction of property.

Trial of the sixteen accused including these eight appellants began on January 20, 1969. After the close of the Commonwealth's evidence, appellants entered demurrers which were denied by the court. The Commonwealth withdrew the charge of riotous destruction of property as to Belgrave and Howard and reduced the charges against the eight appellants to riot, inciting to riot and conspiracy.

On January 23, 1969, the jury found all of the appellants guilty of riot, inciting to riot, and conspiracy; found Lemuel Belgrave not guilty of all the assault-related charges and Washington Howard guilty of ...


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