No. 63 March Term 1978, Appeal from the Order of the Superior Court at No. 510 April Term 1976, affirming the Order of the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC7503180A.
Richard H. Martin, Baskin, Boreman, Wilner, Sachs & Gondelman, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Charles W. Johns, Asst. Dist. Attys., Pittsburgh, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino, and Larsen, JJ. O'Brien, J., did not participate in the decision of this case. Pomeroy, former J., did not participate in the decision of this case. Roberts and Nix, JJ., dissent, being of the view that the record amply supports the jury's finding that appellant has, beyond a reasonable doubt, engaged in a conspiracy.
Appellant Emil Dolfi and co-defendants, Gaylord Rumble and Edith Marie Blewitt, were convicted in a non-jury trial of violating 18 Pa.C.S.A. § 903 (conspiracy) and 18 Pa.C.S.A. § 5512 (lotteries). Following denial of the post-verdict motions, appellant was ordered to pay a fine of $1,000 and to
undergo two years of probation.*fn1 Appellant's petition for allowance of appeal to this Court was granted.
Appellant attacks the sufficiency of the evidence to convict him of conspiracy and, thus, of a violation of 18 Pa.C.S.A. § 5512 (lotteries). The test for evaluating the sufficiency of the evidence is whether, viewing the entire record in the light most favorable to the Commonwealth, a finder of fact could reasonably have found all elements of the crime charged had been proven beyond a reasonable doubt. Commonwealth v. Roux, 465 Pa. 482, 350 A.2d 867 (1976).
The evidence in the record may be summarized as follows:
During April, 1975, Sergeant Herbert Stouffer, an officer of the Pennsylvania State Police, assigned an officer to investigate an allegation from an unidentified source that appellant was involved in a numbers operation in Clairton, Pennsylvania. When the officer conducting the surveillance was transferred, Sergeant Stouffer requested Chief of Police Kenneth Ujevich of Clairton to assume supervision of the investigation.
On April 15, 1975, Chief Ujevich and Clairton Police Lieutenant Milas conducted a surveillance of the parking lot adjacent to Maracini's Supermarket from a distance of about fifty yards. At about 2:20 p. m., the officers observed a brown Oldsmobile, driven by an unidentified woman, pull into the parking lot.*fn2 Gaylord Rumble, who had been standing near the front door of the market, took something that looked like ...