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COMMONWEALTH v. SHOCKER (05/18/72)

decided: May 18, 1972.

COMMONWEALTH
v.
SHOCKER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 162 of 1970, in case of Commonwealth of Pennsylvania v. James E. Shocker.

COUNSEL

Arthur K. Dils, for appellant.

Marion E. MacIntyre, Deputy District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Packel, J. Hoffman and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 221 Pa. Super. Page 269]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

[ 221 Pa. Super. Page 270]

Dissenting Opinion by Packel, J.:

This case involves criminal liability for receiving as cash, without inquiry, two negotiable instruments that were endorsed in blank.

On October 16, 1969, two employees of the Commonwealth of Pennsylvania exchanged their paychecks for cash at a restaurant in Harrisburg. These checks, drawn to the order of "C. Oswald" for $117.50 and "H. W. Blumberg" for $151.63 and endorsed by them in blank were among restaurant receipts stolen during the first hours of the next day. At about 1:00 p.m. on that day, defendant endorsed these checks and exchanged them for cash at a bank in which he maintained his business account. After dishonor, police contacted defendant who freely admitted both his signature and the bank transaction. He volunteered the explanation that, after winning more than $200 at pool from two strangers at a neighborhood bar he regularly frequented, he accepted these checks, bearing only the original endorsements for an exchange of cash and settlement of their losses. He repeated this explanation at trial.

Defendant, never previously convicted of a crime, was found guilty of receiving stolen property, 18 P.S. 4817, and was sentenced to serve seven to twenty months in the Dauphin County Prison, ...


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