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COMMONWEALTH v. HAWKINS (06/15/72)

decided: June 15, 1972.

COMMONWEALTH
v.
HAWKINS, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1970, No. 517, and Feb. T., 1971, Nos. 426, 427, 428, and 431, 432, 433, and 434, in case of Commonwealth of Pennsylvania v. Leroy Hawkins.

COUNSEL

Harold L. Randolph, for appellant.

Richard Max Bockol, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, 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, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Packel, J.

Author: Per Curiam

[ 222 Pa. Super. Page 62]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Packel, J.:

The record of this case is replete with evidence of serious misconduct by the defendant-appellant. Time and again he made promises which he did not fulfill. Excuses for nonperformance poured from his lips in a steady stream. Misstatements seemed to be the order of the day. There is no doubt as to the suffering of many of the customers of the defendant as a result of the manner in which he conducted his business.

[ 222 Pa. Super. Page 63]

In 1963 defendant entered the memorial monument business and had consummated some 4,000 sales prior to his conviction on eight of twenty-five bills charging fraudulent conversion, Act of June 24, 1939, P. L. 872, § 834, 18 P.S. § 4834. The court below has filed an opinion in support of its ...


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