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COMMONWEALTH v. MCFARLAND (06/22/72)

decided: June 22, 1972.

COMMONWEALTH
v.
MCFARLAND, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Dauphin County, No. 866 of 1970, in case of Commonwealth of Pennsylvania v. Clifford D. McFarland.

COUNSEL

Nelson M. Galloway, 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 and Concurring Opinion by Hoffman, J. Spaulding and Packel, JJ., join in this dissenting and concurring opinion.

Author: Per Curiam

[ 222 Pa. Super. Page 91]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting and Concurring Opinion by Hoffman, J.:

This is an appeal from appellant's conviction for burglary, larceny, and receiving stolen goods.

On April 6, 1969, United States Government securities, bank certificates of deposit, cash, and jewelry were stolen in the burglary of a home in Harrisburg. Two safes, one weighing between 500 and 600 pounds and the other about 75 pounds were removed from the complainants' bedroom, forcibly opened, and later found several miles away partially submerged in a canal. The bottoms of the safes had been burned out and their contents were missing. The stolen property included three negotiable United States Treasury Bonds. One of the bonds was in the face amount of One Hundred Thousand Dollars and two were each in the amount of Ten Thousand Dollars.

[ 222 Pa. Super. Page 92]

On March 12, 1970, eleven months and six days after the burglary, these three bonds were found in the possession of appellant and his co-defendant, Roger Tally. They had negotiated an agreement to sell the bonds at fifty per cent of their face value, for $60,000, to a person whom they believed to be a representative of a criminal organization in Philadelphia. This man was in fact an undercover agent of the Pennsylvania State Police Organized Crime Unit. As delivery of the bonds was about to be made in a motel room east of Harrisburg, the State Police raided the same, arrested appellant and Tally, ...


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