Appeal from Judgments of Sentence in the Court of Common Pleas, Allegheny County, Pennsylvania, at Nos. CC7503179A and CC7503180A, Criminal Division.
Richard H. Martin, Pittsburgh, for appellants.
Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., concurs in the result. Price, J., would affirm both judgments of sentence. Spaeth, J., files a concurring and dissenting opinion in which Hoffman, J., joins.
[ 252 Pa. Super. Page 252]
This case is before us on appeals taken from judgments of sentence of the Court of Common Pleas of Allegheny County, Criminal Division. Appellants were convicted, in a joint trial, of criminal conspiracy and operating a lottery. Although they were separately represented below, they have, with our permission, consolidated their appeals and filed a joint brief.
[ 252 Pa. Super. Page 253]
The arrests in this matter were made as a result of a three-day surveillance of the parking lot of Maracini's Supermarket in Clairton, Pennsylvania in April of 1975. These were the events observed from a distance of some fifty yards:
First day: While one Gaylord Rumble*fn1 loitered around the store entrance, a brown Oldsmobile owned by one Joyce Gracon and occupied by an unidentified white woman pulled into the lot. Rumble took some "white papers" from his jacket pocket and handed them to the woman. They separated and both left the lot.
Second day: Rumble was parked in the lot. A Lincoln Continental operated by appellant Dolfi came in. They got out of their cars, Rumble handed Dolfi "some white pieces of paper," and they both drove off.
Third day: The Oldsmobile drove in, followed in five minutes by Rumble and in another five minutes by Dolfi. Dolfi exited his vehicle to converse with Rumble, and then both men conversed with the woman in the Oldsmobile. Nothing was passed, and all three left shortly thereafter.
On the fourth day, police officers waited near the parking lot, armed with search warrants for the three cars involved and an arrest warrant for Gaylord Rumble. For the first time, binoculars were used. Dolfi drove in to the parking lot with a baby. The Oldsmobile came in and Dolfi passed the baby to the woman inside. Dolfi left; his car was stopped shortly thereafter. Rumble came into the lot and handed the woman a white envelope. He left, was apprehended within the half hour, and numbers slips were seized from him. The Oldsmobile left the lot and was soon stopped by a police officer who got into the car and told Mrs. Blewitt, the driver, to ...