Appeals from judgment and order of Court of Common Pleas of Montgomery County, Sept. T., 1969, No. 307, and Nov. T., 1969, No. 161, in case of Commonwealth of Pennsylvania v. Thomas Robert Tatro and James McKenzie.
Edward F. Kane, with him Bean, DeAngelis, Kaufman & Giangiulio, for defendant.
Daniel L. Quinlan, for defendant.
Stewart J. Greenleaf, Assistant District Attorney, with him J. David Bean, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Watkins, J. Spaulding and Hoffman, JJ., concur in the result.
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These appeals are from the judgment of sentence by the defendant-appellants, Thomas R. Tatro and James McKenzie, by the Court of Common Pleas of Montgomery County after conviction of the charges of conspiracy and possession of burglary tools; and by the Commonwealth from the order of the said court arresting judgment on a burglary conviction.
The facts are as follows: On the evening of September 18, 1969, Officer James J. Callos of the Lower Merion Township Police Department observed a vehicle, occupied by four (4) white males traveling through the Penn Valley area, and as the vehicle was moving
[ 223 Pa. Super. Page 281]
through a strictly residential area and driving in a circular pattern, the occupants appeared to be examining the homes in the vicinity.
The officer then stopped the vehicle and requested the operator Edward Loney, to produce his operator's license and owner's registration. The defendant McKenzie was seated in the rear of the car, on the left, the officer was able to observe a walkie-talkie in an open box adjacent to where McKenzie was sitting and who was engaged in trying to push the box under the front seat.
Officer Harner of the same police department approached the vehicle from the rear and observed a number of items being thrown from the vehicle. He retrieved flashlights, gloves, a radio antenna and a screwdriver. The defendants together with the other two occupants were arrested and charged with conspiracy to commit burglary and possession of burglary tools.
It was then determined through laboratory tests that the screwdriver taken from the car was used in a burglary that took place on September 17, 1969, in the same area. As a result of this, the defendants were also charged with burglary ...