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COMMONWEALTH v. EWING ET AL. (04/22/76)

decided: April 22, 1976.

COMMONWEALTH
v.
EWING ET AL., APPELLANTS



Appeals from judgments of sentence of Court of Common Pleas of Butler County, March T., 1973, No. 114, in case of Commonwealth of Pennsylvania v. John P. Ewing and Kenneth Murray.

COUNSEL

James K. O'Malley, and Makoroff, O'Malley & Safier, for appellant, Kenneth Murray.

Raymond Radakovich, Alan Frank, and Frank & Radakovich, for appellant, John P. Ewing.

Robert F. Hawk, First Assistant District Attorney, and John H. Brydon, District Attorney, for Commonwealth, appellee.

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

Author: Jacobs

[ 240 Pa. Super. Page 240]

This is the consolidated appeal of John Ewing and Kenneth Murray who, following a jury trial, were convicted of conspiracy and acquitted of burglary and malicious mischief by explosives. Appellants both challenge the sufficiency of the evidence to support their

[ 240 Pa. Super. Page 241]

    convictions of conspiracy.*fn1 We agree with them that the evidence failed to establish the crime of conspiracy.

In the early morning hours of December 29, 1972, a construction building in Lyndora, Pennsylvania was blown up by explosives. Appellants were charged with the crime. At trial, the following evidence was presented by the Commonwealth to connect appellants with the crime:

(1) An automobile registered in the name of Loretta Ewing (Appellant Ewing's wife) was found at the scene of the explosion.

(2) Certain wires were found running from the destroyed building to an area near the automobile.

(3) An envelope was found under the visor of the car which contained the names of appellant Ewing and his ...


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