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COMMONWEALTH PENNSYLVANIA v. RICHARD T. GLOVER (04/03/80)

filed: April 3, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD T. GLOVER, APPELLANT



No. 2838 October Term 1978, Appeal from the Judgments of Sentence of the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, at Nos. 1070-1073 April Term 1978

COUNSEL

Richard E. Johnson, Philadelphia, for appellant.

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

Brosky, Wickersham and Eagen, JJ.*fn*

Author: Per Curiam

[ 277 Pa. Super. Page 102]

Following a non-jury trial in the Court of Common Pleas of Philadelphia, Richard T. Glover, appellant, was convicted

[ 277 Pa. Super. Page 103]

    of carrying a firearm on a public street, recklessly endangering another person, simple and aggravated assault, possession of an instrument of crime-generally, and possession of an instrument of crime-concealed weapon. Post-verdict motions were denied, and judgments of sentence of eleven and one-half to twenty-three months imprisonment and a concurrent term of five years probation were imposed. This appeal followed.

Glover argues the trial court erred in refusing to grant a new trial on the ground of after-discovered evidence. The issue was first raised in post-verdict motions and is the only assignment of error now advanced.

The criminal charges against Glover stemmed from the shooting of a woman outside a bar in Philadelphia on March 8, 1978, sometime between 7:00 p. m. and 9:00 p. m. At trial, the victim and her son testified as Commonwealth witnesses and identified Glover as the guilty party. Glover testified in his own defense and denied having a gun at the time or firing any shots. Two individuals who said they saw the incident testified and corroborated Glover.

Because of the after-discovered evidence claim, the trial court conducted an evidentiary hearing before disposing of the post-verdict motions. At the hearing, James Harris, who was not a witness at trial, testified that he and Glover were working together at the bar involved on March 8, 1978; that he was standing right beside Glover when the victim was shot; that Glover did not have a gun and did not shoot at anyone; that he, Harris, and a couple other people fired guns; that, shortly after the incident, he was taken into custody by police; that he was taken to the hospital to be identified, but returned to the bar when he was not identified; that Glover was then arrested and taken to a police station; and, that he, Harris, went to the police station and told the police that he did the shooting.

A statement given to the police by Harris about 4:00 a. m. on March 9, 1978, recorded on a typewriter, and then signed by Harris was ...


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