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COMMONWEALTH PENNSYLVANIA v. CURTIS CLARK (07/06/79)

decided: July 6, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
CURTIS CLARK, APPELLANT



No. 2259 October Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas, Trial Division, Law, Philadelphia County, September Term, 1976 at No. 611-612.

COUNSEL

Jack H. Land, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before Jacobs, P.j., Hoffman, Cercone, Price, Van der Voort, Spaeth, and Hester, JJ. Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Jacobs, former President Judge, did not participate in the consideration or decision of this case.

Author: Cercone

[ 267 Pa. Super. Page 514]

Appellant, Curtis Clark, was convicted of burglary,*fn1 and

[ 267 Pa. Super. Page 515]

    conspiracy*fn2 at a jury trial in the Court of Common Pleas in Philadelphia County. Post-trial motions were denied and appellant was sentenced to five and one half to fifteen years imprisonment. It is from this judgment of sentence that appellant appeals. We affirm.

At approximately 9:30 P.M. one evening, David Walker, then fifteen years old, observed a brown car with two occupants driving around the block that encircled his home. The car stopped in front of David's home and the occupant who was seated on the passenger's side of the car asked David if he knew where Debra and Jessie Scott were. The Scotts lived across the street from the Walkers. David spoke directly to the passenger, who he later identified as appellant, and told them he did not know where the Scotts were. This conversation occurred directly under a street light within a proximity of ten feet.

David then observed the two men drive around the corner, park the car, and walk up the steps of the Scott home. They banged on the door and, when they did not receive an answer, they got back in their car and drove around the corner again.

Another one of the Scotts' neighbors came outside and proceeded to talk to David Walker just a few steps from the sunporch of the Scott home. As they stood talking, David saw a man walk through the sunporch carrying a yellow bicycle. He testified the street light shone directly into the sun porch at that spot and he saw the same man to whom he had spoken earlier, appellant Curtis Clark. The incident was reported to the police and the vacationing Scotts were notified.

When the Scotts returned home, they compiled a list of all the items that had been stolen from their home, which included the yellow bicycle. David Walker gave a description to Debra Scott of the man he had observed in the car and later in the sunporch. While the police ...


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