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COMMONWEALTH v. COLES (01/03/74)

decided: January 3, 1974.

COMMONWEALTH
v.
COLES, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1971, No. 697, in case of Commonwealth of Pennsylvania v. Charles Coles, a/k/a Tyrone Horsey.

COUNSEL

John W. Packel, Assistant Defender, with him Thomas Branca and Jonathan Miller, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

James T. Ranney, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, and Cercone, JJ. (Spaulding and Spaeth, JJ., absent.) Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 226 Pa. Super. Page 489]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a judgment of sentence following a conviction for larceny and operating a motor vehicle without the consent of the owner of a 1963 Chevrolet.

On April 9, 1971, at about 8:20 p.m., Mr. Fred Langley drove his car, a 1963 Chevrolet, to the home of his wife at 2853 North 9th Street in Philadelphia. He parked his car in front of her house and went inside. At 8:30 p.m., he discovered the car missing and reported this to the police. Langley then borrowed a car from a friend and went to look for his car. At about 1:00 a.m. he found it parked outside a bar. The car was equipped with an "exit switch" that made the car impossible to start when activated. He activated the switch, parked the borrowed car, and waited. In about ten minutes, he allegedly saw the appellant come out of the bar with a tape recorder and a bag of tapes, all of which had been in the glove compartment of his car. Appellant attempted to start the car, but could not. The police then arrived and arrested appellant, who

[ 226 Pa. Super. Page 490]

    testified he had met a man named "Blue" in the bar who gave him keys, the tape recorder and the tapes, and asked ...


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