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COMMONWEALTH v. DAWKINS (04/11/74)

decided: April 11, 1974.

COMMONWEALTH
v.
DAWKINS, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1972, No. 1120, in case of Commonwealth of Pennsylvania v. Kenneth Dawkins.

COUNSEL

Lee Mandell, for appellant.

David Richman and John H. Isom, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, van der Voort, and Spaeth, JJ. Opinion by Price, J.

Author: Price

[ 227 Pa. Super. Page 559]

This is a direct appeal from the judgment of sentence upon convictions of aggravated robbery and burglary by the court below, following trial without a jury in which the witnesses were sequestered. The trial

[ 227 Pa. Super. Page 560]

    judge sustained Appellant's demurrers to charges of playfully pointing and discharging a dangerous weapon and carrying a concealed deadly weapon. Motions for a new trial and in arrest of judgment were filed and on April 16, 1972, said motions were denied. Appellant was sentenced to two to four years in the State Correctional Institution at Graterford. A brief review of the testimony will suffice in showing that the lower court was correct and we will affirm the judgment of sentence.

The evidence at trial revealed the following facts: On January 3, 1972, at approximately 2:00 a.m. Appellant, a co-defendant, and two others who were not arrested, went from a neighborhood bar to the house at 2711 Bonsall Street where, Appellant told his friends, he could get some money with which to buy drinks. The Commonwealth's witnesses testified that Appellant and his co-defendant gained entry to the house and kept one of the residents, Clyde Jones, lying on the floor at gunpoint. Elwood Ruley, a resident who heard strange noises, grabbed his shotgun and ran to the stairs. He was told to let the gun drop or Clyde would be shot. He was then ordered to lie beside Clyde.

Bruce Jones, the third resident, had been awakened by the noise. He tried to call the police but was unable to do so when a stranger's voice on an extension phone told him to hang up and join the others downstairs. After he joined the others Appellant and another intruder went upstairs while a third held the residents at gunpoint. Someone from outside the house then yelled that the police were coming and Appellant jumped out a second-story window while his co-defendant ran out the door and hid in a neighboring yard.

Appellant was arrested while fleeing the house and the co-defendant was arrested while hiding in the neighbor's yard.

[ 227 Pa. Super. Page 561]

The residents found that their second-story rooms had been ransacked and that $2.00 had been taken from a ...


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