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COMMONWEALTH v. COOK (09/30/71)

decided: September 30, 1971.

COMMONWEALTH
v.
COOK, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Lancaster County, Sept. T., 1968, No. 253, in case of Commonwealth of Pennsylvania v. Charles Lee Cook, alias Charles Lee Cookes.

COUNSEL

Daniel H. Shertzer, for appellant.

George T. Brubaker, Assistant District Attorney, with him Ronald L. Buckwalter, Assistant District Attorney, and Clarence C. Newcomer, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring Opinion by Hoffman, J.

Author: Per Curiam

[ 220 Pa. Super. Page 245]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Concurring Opinion by Hoffman, J.:

In January, 1969, appellant was tried before a judge and jury on charges of burglary, larceny, and receiving stolen goods. Testimony at trial showed that appellant was arrested in his apartment on October 13, 1968, and pursuant to a search guns stolen from a bar on September 19, 1968, were discovered. Commonwealth witnesses established the circumstances of the theft of the guns and appellant's later possession. Appellant's demurrer to the evidence was overruled, and he took the stand in his own defense.

[ 220 Pa. Super. Page 246]

At trial appellant acknowledged that initially he had lied to the police, telling them that he had disposed of the guns because he realized that having them could cause him trouble. Appellant testified that he had acquired the guns from a stranger. He indicated that one weekend after a quarrel with his wife he went to a bar and began drinking heavily. A stranger approached him and they began discussing appellant's marital problems. The stranger indicated that if he had a wife like that he would kill her. Appellant asked "how", and the stranger replied, in effect, "with these guns that I am giving you." Appellant testified that he returned home with the guns, but did not have occasion to use them.

The jury found appellant not guilty of both burglary and larceny, but guilty of receiving stolen goods. Post-trial motions were denied and from ...


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