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COMMONWEALTH PENNSYLVANIA v. ROBERT I. WALTERS (10/06/77)

October 6, 1977

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT I. WALTERS, APPELLANT



No. 730 April Term 1975, Appeal from the Sentence of the Court of Common Pleas, Criminal Division, of Greene County, at No. 44 Criminal, 1975.

COUNSEL

James D. Murphy, Assistant Public Defender, Waynesburg, for appellant.

W. Bertram Waychoff, District Attorney, Waynesburg, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.

Author: Spaeth

[ 250 Pa. Super. Page 448]

Appellant was convicted of receiving stolen property.*fn1 On this appeal he makes four arguments for reversal.

-- 1 --

Appellant argues that he was prejudiced by the prosecutor's allusion in closing argument to appellant's birth out of wedlock. The remark itself is not preserved of record. However, the debate on its propriety is, and from this one may see that it was not totally gratuitous but could have been meant to clarify appellant's relationship to one Harry Paul Briner, described in testimony as appellant's brother, who delivered the stolen goods to appellant's home. Moreover, the trial judge gave a careful cautionary instruction to the jury. On balance we find no reversible error.

-- 2 --

Appellant argues that the stolen property was improperly valued by replacement cost rather than by market value at the time and place of the crime. See The Crimes Code, supra note 1; 18 Pa.C.S. ยง 3903(c) (as amended, 1974). We will not consider this argument, as no objection to the method of valuation was made at trial, Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

-- 3 --

On February 5, 1975, the Commonwealth, on its certification that appellant was a fugitive, was granted leave of court under Pa.R.Crim.P. 224 to present bills of indictment against appellant without a preliminary hearing. Appellant argues that his petition to dismiss the ...


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