9 SPECIAL TRANSFER DOCKET 10, SPECIAL TRANSFER DOCKET, Appeal from the Judgments of Sentence entered on June 2, 1978, of the Court of Common Pleas of Washington County, Pennsylvania, Criminal Division, at Nos. 954A and 954B of 1975
John L. Doherty, Pittsburgh, for appellant.
Paul M. Petro, Assistant District Attorney, Washington, for Commonwealth, appellee.
Van der Voort, Larsen and Lavelle, JJ.*fn*
[ 268 Pa. Super. Page 435]
After a jury trial, appellant was convicted of first degree murder and robbery of Robert Indyk. This appeal followed sentencing by the trial court.
At trial, Michael Romano testified that he was originally part of a conspiracy with appellant and John Nastari and that he accompanied Nastari and appellant to the Indyk quarry site shortly before the murder, for the purpose of viewing the premises. Romano withdrew from the group's plans after that trip and before January 10, 1972 when Robert Indyk was robbed and killed.
At appellant's trial in July of 1977, Romano testified that on the day following the murder and robbery, he visited Nastari, appellant's co-conspirator, at his farm, and while he was there Nastari asked him to get rid of some .22 caliber long rifle shells. Romano testified that he disposed of them on his way home.
He also testified that on the next day, January 12, 1972, he went to Nastari's barber shop and that the following conversation occurred: (Tr. p. 90)
"Q. What was that conversation?
A. I said 'I noticed in the paper where Indyk was hit.' That means shot, killed. He says 'I don't know anything about it, don't want to talk about it' and I told him, I says 'I told you that that was a bad deal.' I says 'What did you get out of it?' He says 'Bolden gave me a bum steer, took me down there and all I come out of it with was $400.00.' I said 'Well, what happened' and he said 'The man fought like a tiger.'"
Romano testified that about a week later he again visited Nastari at his farm and inquired about a .22 caliber pistol, the barrel of which Romano had shortened for Nastari. Romano ...