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COMMONWEALTH PENNSYLVANIA v. SAMUEL FRANKLIN FOX (10/27/78)

decided: October 27, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
SAMUEL FRANKLIN FOX, APPELLANT. COMMONWEALTH OF PENNSYLVANIA V. ROBERT ERNEST MILLER, APPELLANT



No. 172 October Term, 1978, No. 173 October Term, 1978, Appeal from the Judgment of Sentence Imposed by the Court of Common Pleas of Montour County, on October 6, 1977 to No. 155 and No. 156 of 1976.

COUNSEL

John A. Mihalik, Bloomsburg, for appellants.

Richard C. Brittain, District Attorney, Washingtonville, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Cercone, J., concurs in the result. Hester, J., notes his dissent. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 259 Pa. Super. Page 566]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Montour County by the defendants-appellants, Samuel Franklin Fox and Robert Ernest Miller, after conviction in a non-jury trial of receiving stolen goods; and from the refusal of the court below to grant appellants' motion in arrest of judgment.

The facts are as follows: On August 12, 1976 at about 3:30 A.M., Stella E. Folk, observed a dark station wagon with a shiny chrome rack on top, pull into an alley near the Econo-Wash Laundromat, not far from her home in Danville, Penna. She observed two men who were dressed in dark pants and white tee shirts walk up an alley toward the laundromat. She heard the car leave approximately five

[ 259 Pa. Super. Page 567]

    minutes later. She could not describe the men except that they were on the thin side. She could not determine the type of the vehicle. She was unable to identify the persons although they had walked under a street light, and she heard no other unusual noise except the starting and stopping of the vehicle. The men had nothing in their hands according to her observation.

Officer Hendricks of the Danville Police Department stopped by the laundromat at approximately 3:15 A.M. for a pack of cigarettes and saw nothing unusual. He went back for a routine check at about 4:15 to 4:30 A.M. and found the door to a soda vending machine ajar. He observed three pry marks on a money changing machine and observed marks on the outside of a soap machine. Hendricks reported the matter by radio communication and notified the owner. After the owner arrived it was discovered that a newspaper vending machine was missing.

The owner and Hendricks estimated that approximately $100.00 in quarters was taken from the soda machine. No fingerprints were found. The owner testified that the soda machine is emptied daily. The man who filled the newspaper machine testified that he filled the machine with twenty papers on August 11, 1976 which sold for $.15 apiece. The machine was missing.

At about 4:00 A.M., two young men, the appellants, wearing white tee shirts and dark trousers were observed by an officer of the Danville Police Department at a service station in Danville. He watched them and they fled. A chase ensued and the vehicle was identified as a green Ford Station Wagon with a chrome luggage rack. The vehicle was stopped by Bloomsburg Police and when Officer Taylor arrived he observed a large amount of coins in a bag hanging on the right passenger door. Two Dollars and Fifty cents ($2.50) in coins were taken from the appellant Miller and Nine Dollars ($9.00) in quarters, Four Dollars and Five cents ($4.05) in nickles, Six Dollars and Thirty cents ...


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