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COMMONWEALTH v. HENDERSON (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
HENDERSON, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1970, Nos. 2360 and 2361, in case of Commonwealth of Pennsylvania v. Michael Henderson.

COUNSEL

Michael L. Levy, Assistant Defender, with him Neil Jokelson and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein and Louis A. Perez, Jr., Assistant District Attorneys, with them 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, and Cercone, JJ. (Spaulding, J., absent). Concurring Opinion by Jacobs, J. Cercone, J., joins in this concurring opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 455]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Concurring Opinion by Jacobs, J.:

On December 16, 1970, appellant was tried, in a non-jury trial, on two bills of indictment -- each charging him with larceny and receiving stolen goods. On each indictment he was found not guilty of larceny and guilty of receiving stolen goods.

At trial the following facts were established: On July 31, 1970, appellant, while driving in Philadelphia, was stopped and arrested. The car which he was driving belonged to Mary Newton and had been stolen some time between July 7 and July 14, 1970. Furthermore,

[ 219 Pa. Super. Page 456]

    the car bore a license tag belonging to Julie Gylse which had been stolen on July 10, 1970. When appellant was signaled by the police to pull over, he did so promptly and the police officer concluded that appellant made no effort to escape. ...


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