No. 461 April Term, 1978, Appeal from Order of Court of the Court of Common Pleas of Allegheny County, Pennsylvania Criminal Division, entered on November 17, 1977, denying post-conviction relief at No. CC7600745A.
Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.
Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.
Price, Hester and Watkins, JJ. Price, J., concurs in the result.
[ 264 Pa. Super. Page 524]
This is an appeal from an order of the Court of Common Pleas of Allegheny County, Criminal Division, denying post-conviction relief.
The defendant-appellant, Clarence A. Stover, was charged with loitering and prowling at night time and possession of a prohibited offensive weapon and also with a bill charging burglary and theft.
A suppression hearing was held before Judge Popovich who found that the initial arrest for loitering was illegal and suppressed contraband seized incident to that arrest. After the exclusion of such evidence the Commonwealth pursued the charges of burglary and theft.
The appellant was tried non-jury before Judge Popovich and found guilty of both charges. Post-trial motions were denied and he was sentenced to two (2) years to seven (7) years on the burglary charge, with sentence suspended on the theft conviction.
The facts briefly stated resulting in the conviction, are as follows: The appellant was spotted by two police officers on January 8, 1976 at 2:40 A.M., standing outside the rear of a saloon in the North Side of Pittsburgh, urinating.
He was directed to go home. About ten (10) minutes later, the police officers saw appellant walking in a direction opposite to where he had told them his residence was. When he spotted the police car, he ran. He was apprehended
[ 264 Pa. Super. Page 525]
and, incident to his arrest for loitering and prowling at nighttime, a large quantity of currency and a ...