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COMMONWEALTH v. STEPHANY (06/21/74)

decided: June 21, 1974.

COMMONWEALTH
v.
STEPHANY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, No. 370 of 1971, in case of Commonwealth of Pennsylvania v. Daniel Raymond Stephany.

COUNSEL

A. Anthony Kilkuskie, Assistant Public Defender, for appellant.

Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellee.

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

Author: Watkins

[ 228 Pa. Super. Page 185]

This is an appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division, of Berks County by the defendant-appellant, Daniel Raymond Stephany, after conviction of burglary, larceny,

[ 228 Pa. Super. Page 186]

    receiving stolen goods and conspiracy; and from the denial of post-trial motions.

A residence in Perry Township, Berks County, was burglarized on April 1, 1971, between 7:45 a.m. and 2:50 p.m. At 8:30 a.m. on the same day, a 1959, blue Chevrolet automobile was seen by neighbors in the driveway of the victim's home. A young female was seen approaching the home from the automobile. Later that same day, another resident, who lived a few miles from the victim's home, saw a blue car with fins approach her home. The automobile contained two males and one female. The female approached the home but when the owner was seen by one of the occupants of the vehicle, the occupant warned the girl and the three departed in the automobile. On April 2, 1971, the defendant and another man were seen in Schuylkill County on a rural road by a milkman. A 1959, blue Chevrolet was parked along side the road near the two men. The two men stopped the milkman and purchased two quarts of milk which they paid for with three quarters, one of which was a silver coin. Among the fruits of the burglary were several collections of old coins. The milkman noted the license plate number, make, color and model of the vehicle. Later this same vehicle was found abandoned along the same road and a search of it revealed fruits of the April 1, 1971 burglary within it.

On April 1, 1971, the same day as the burglary, a 1959 blue Chrysler was found abandoned near Elkton, Maryland, and two days later was seen travelling south. On April 4, 1971, the automobile was found in Chesapeake City, Maryland. It was searched pursuant to a valid search warrant. The items found in the trunk were identified as having been removed from the burglarized premises. The stolen goods were discovered in the trunk of the defendant's car which was locked. The

[ 228 Pa. Super. Page 187]

    sole key was in the possession of the defendant. Raymond Kline and Florence Farber who were in the company of the defendant on the trip to Maryland later admitted that they ...


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