Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. SWIATKOWSKI (03/23/71)

decided: March 23, 1971.

COMMONWEALTH
v.
SWIATKOWSKI, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1969, No. 1555, in case of Commonwealth of Pennsylvania v. Daniel Swiatkowski.

COUNSEL

Edward H. Weis and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First 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. Jacobs and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 218 Pa. Super. Page 113]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

In September 1968 a burglary was committed during which various blank checks, bank statements and cancelled checks were stolen. On October 29, 1968, while attempting to cash a check stolen in the burglary, appellant was seen in possession of some of the checks and bank statements. When cashing additional checks during November and December, appellant was again seen with the stolen materials.

Appellant was tried before a judge sitting without a jury on charges of forging, uttering, publishing fraudulent instruments, and one charge of burglary, larceny, and receiving stolen goods. He was adjudged guilty on the burglary count and some of the forgery counts, and sentenced to one and a half to ten years on the burglary count. Appellant now appeals his conviction for burglary.

It has been the law in Pennsylvania that "a defendant's unexplained possession of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.