Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH v. MULLEN ET AL. (06/21/74)

decided: June 21, 1974.

COMMONWEALTH
v.
MULLEN ET AL., APPELLANTS



Appeals from judgments of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, Jan. T., 1972, Nos. 991, 992, 997 and 1000, in case of Commonwealth of Pennsylvania v. Michael Mullen, Gordon Otten, and John Ruffalo.

COUNSEL

Thomas A. Livingston, with him Vincent C. Murovich, Jr., for appellants.

Robert L. Eberhardt, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

Author: Cercone

[ 228 Pa. Super. Page 208]

Defendants appeal from their convictions below on various indictments charging conspiracy to cheat and defraud, receiving stolen goods, larceny, cheating by fraudulent pretenses, and forgery. They contend, inter alia, that the lower court erred in not granting a motion for severance on the grounds that the indictments charged crimes that were separate and independent

[ 228 Pa. Super. Page 209]

    from each other and that their consolidation at one trial prejudiced them.

Defendant Michael Mullen was indicted for conspiracy to cheat and defraud Myrtle Baun. He was also separately indicted for the crime of conspiracy to cheat and defraud J. G. Rothrock and his wife. In both these indictments, defendants Gordon Otten and John Ruffalo were mentioned as co-conspirators but were not indicted as such. Mullen was also indicted on counts of cheating by false pretenses, larceny and receiving stolen goods.

Defendant Gordon Otten was separately indicted for conspiracy to cheat and defraud Myrtle Baun by false pretenses and for the crime of larceny. He was also separately indicted for conspiracy to cheat and defraud J. G. Rothrock and his wife and for the crimes of cheating by false pretenses and larceny. He was also separately indicted for conspiracy to cheat and defraud Caroline Kleinhampl. In these three indictments against Otten, the defendants Mullen and Ruffalo were mentioned as co-conspirators but were not indicted as such. Otten was also indicted for forgery, burglary, larceny and receiving stolen goods.

Defendant Ruffalo was indicted in two separate counts with conspiracy to cheat and defraud Myrtle Baun and to cheat and defraud J. G. Rothrock and his wife. Defendants Mullen and Otten were mentioned as co-conspirators but were not indicted as such.

At trial when the defendants moved for a severance of the various charges on the grounds primarily that the conspiracies and other crimes were not a part of a common plan or scheme but separate and independent from each other the lower court, in refusing the motion stated, "the court will take whatever measures are required at the proper time to see that the jury considers the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.