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COMMONWEALTH v. BUTCH (03/29/76)

decided: March 29, 1976.

COMMONWEALTH
v.
BUTCH, APPELLANT, ET AL. COMMONWEALTH V. BUTCH (ET AL., APPELLANT)



Appeals from judgment of sentence of Court of Common Pleas of Montgomery County, July T., 1974, Nos. 2808, 2808.1, and 2808.2, in cases of Commonwealth of Pennsylvania v. Joseph Anthony Butch and Anthony C. Marricone, and Same v. Same.

COUNSEL

Daniel-Paul Alva, with him LaCheen, Doner, Lacheen & Gross, for appellant at No. 1111.

Bert M. Goodman and Stewart J. Greenleaf, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, submitted a brief for Commonwealth, appellee at No. 1111.

Lenard H. Sigal, for appellant at No. 1183.

Bert M. Goodman and Stewart J. Greenleaf, Assistant District Attorneys, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee at No. 1183.

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

Author: Watkins

[ 238 Pa. Super. Page 526]

This is an appeal from the judgment of the Court of Common Pleas of Montgomery County, Trial Division, Criminal Section, by the appellants, Joseph Anthony Butch and Anthony C. Marricone, after their conviction by a jury of various offenses. The appellant Butch was convicted of attempted theft, conspiracy to commit theft and possession of an instrument of crime. Marricone was convicted of attempted theft and of conspiracy to commit theft. They were tried jointly in a jury trial. Both defendants were sentenced to serve a flat one-year term for attempted theft and each received a consecutive one-year sentence for the conspiracy conviction. Sentence was suspended on the Butch conviction for possession of an instrument of crime.

The defendants raised several issues on appeal, namely, the sufficiency of the evidence and whether the 180-day rule as set forth in Rule 1100 of the Pa.R.Crim.P. was violated by the Commonwealth. They also complained about the admission of several items of evidence.

The facts of the case reveal that at 4:00 A.M. on July 17, 1974, the defendants drove into the parking lot of Signal Delivery Service, the exclusive contract carrier for Sears, Roebuck. They drove around it several times with their lights out. The defendants' activities raised the suspicion of two night mechanics who called the police. The mechanics recognized Marricone as the driver of the vehicle. Marricone then parked his vehicle in some high weeds about a quarter of a mile away from the

[ 238 Pa. Super. Page 527]

    parking lot. The two men proceeded on foot to a row of trailers parked against a wall of a warehouse. The vehicle remained hidden in the high weeds.

At this time three Upper Merion Township policemen, responding to the mechanics' call, entered the scene. Upon seeing the policemen the defendants fled and attempted to hide behind a trailer. They were apprehended and frisked by the police. The defendant Butch was carrying two pin-lock keys which could be used to open collar locks that secured the ...


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