Appeal from judgment of sentence of Court of Common Pleas of Lycoming County, No. 73-11, 127, in case of Commonwealth of Pennsylvania v. Louis E. Adams.
Peter T. Campana, Assistant Public Defender, with him Kenneth D. Brown, Public Defender, for appellant.
Gregory Smith, with him Harry C. Fithian, Jr., Assistant District Attorney, and Allen E. Ertel, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, and Spaeth, JJ. (Van der Voort, J., absent). Opinion by Price, J., in Support of Affirmance. Watkins, P. J., and Jacobs, J., join in this opinion. Opinion by Hoffman, J., in Support of Reversal. Cercone and Spaeth, JJ., join in this opinion.
[ 234 Pa. Super. Page 389]
The six Judges who heard this appeal being equally divided the judgment of sentence is affirmed.
Judgment of sentence affirmed.
Opinion by Price, J., in Support of Affirmance:
This appeal by Louis E. Adams follows his conviction of Receiving Stolen Goods. A post-trial motion in arrest of judgment was denied and appellant was sentenced to not less than one year and not more than three years in prison and to pay the costs of prosecution.
It is the contention of the appellant that the evidence is insufficient to support his conviction. Reviewing the evidence in the light most favorable to the verdict winner, as we must, Commonwealth v. Portalatin, 223 Pa. Superior Ct. 33, 297 A.2d 144 (1972), we find his contention to be without merit, and will affirm the judgment of sentence.
The facts of the case are that in the early morning hours of August 29, 1973, Officer Robert S. Krasucki of the Pennsylvania State Police and another officer were detailed to investigate a burglary at Miller's Lane in the City of Williamsport. The officers arrived at the scene about midnight, at which time they found a black and white 1961 Lincoln Continental. There was no one in or near the car. In the back seat of the car, clearly visible to the officers, was a quantity of meats, cheese and various other items in packages labeled "Reading Meat Terminal". The car was unlocked but there were no keys in the ignition switch. After investigating the car, the officers went to the Reading Meat Terminal, which was approximately 200 yards away from the car, where they found the east door to be open. They found a quantity of meat on the ground in line leading to the Lincoln Continental and also along a nearby creek leading toward the car. The owner of the store arrived, after being contacted by the officers, and identified the meat and cheese as the property of the Reading Meat Terminal.
[ 234 Pa. Super. Page 390]
The police dispatched a uniscope message to Harrisburg and learned the black and white Continental was registered in the name of the appellant. The car was towed to the police barracks where, after securing a search warrant, they forced open the trunk and found packages of meat and cheese which were identified as belonging to the Reading Meat Terminal.
Later that morning, State Police officers proceeded to the residence of Diane Frederick, where they believed appellant to be staying. Miss Frederick advised them that the appellant was not at her residence. They told her they wished to speak to appellant about a burglary in which his car was involved and if she saw him, to tell him to contact the State Police.
On September 6, armed with a warrant of arrest for the appellant, and acting on a tip that he was in Room 8 of the King's Motel on U.S. Route 15, the three officers went to that location. Miss Frederick came out to get into a taxi while the officers were waiting. She spotted the officers and shouted, "Louie, the cops." The door to the motel room was immediately slammed shut, and the officers received no response to their knocks. One of the officers went to the back and found the rear window had been broken out and there was no one in the room. After gaining entrance to the room, the officers found appellant's clothing and car keys. Three hours later the appellant, dressed in dungarees and barefoot, was picked up in South Williamsport. He was immediately placed under arrest. The keys found in appellant's room were found to fit the black and white Continental. There was no evidence that appellant had reported this car missing or stolen at any time up to the date of his arrest.
It is settled that the Commonwealth has the burden of proving three distinct elements of the crime of receiving stolen goods: (a) that the goods are stolen; (b) that the defendant received such goods; and (c) that he ...