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COMMONWEALTH PENNSYLVANIA v. STANLEY EUGENE SCHASZBERGER (04/03/81)

filed: April 3, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
STANLEY EUGENE SCHASZBERGER, APPELLANT. AND COMMONWEALTH OF PENNSYLVANIA, V. CARLTON EUGENE WALLICK, APPELLANT



No. 220 March Term, 1979, No. 221 March Term, 1979, Appeals from the Judgments of Sentence of the Court of Common Pleas of York County at Nos. 1107 C.A. 1978 (No. 220) and 1108 C.A. 1978 (No. 221)

COUNSEL

John R. Gailey, Jr., York, for appellants.

John C. Uhler, District Attorney, York, submitted a brief on behalf of Commonwealth, appellee.

Cercone, President Judge, and Watkins and Montgomery, JJ.

Author: Montgomery

[ 285 Pa. Super. Page 587]

The Appellants, Stanley Eugene Schaszberger and Carlton Eugene Wallick were tried jointly before the Court of Common Pleas of York County on two gambling charges. Following their convictions, after a jury trial, both filed post-trial motions with the lower court. Following the denial of such motions, and sentencing, both appealed to our Court, and such appeals have been consolidated for purposes of our

[ 285 Pa. Super. Page 588]

    consideration. The appeals raise identical issues concerning claims that the lower court erred in denying motions to suppress evidence and in granting a Commonwealth application to extend the time for trial.

The record shows that on August 28, 1978, in the early evening, officers of the State Police entered the premises of the Girard Athletic Association and seized a number of gambling articles. The troopers acted upon a search warrant they had obtained, based upon information supplied by a confidential informant who had disclosed to them the existence of gambling paraphernalia at the premises. The officers entered the premises by the display of the informant's membership card, which caused those inside of the premises to unlock two separate doors to allow the entry of the officers, who were not in uniform. Upon entry through the second door, into the premises of the Association, the officers identified themselves as members of the State Police and advised that a search warrant was to be served. A subsequent search yielded various gambling devices and prizes.

Criminal complaints were filed against the Appellants on August 25, 1978. After a preliminary hearing before a district justice on October 5, 1978, the cases of each were bound over for action by the Court of Common Pleas of York County. Both Appellants were arraigned on December 15, 1978, and a joint trial was scheduled for late January, 1979. On January 15, 1979, each of the Appellants filed a pre-trial motion to suppress evidence. The lower court scheduled a hearing on such motions for January 29, 1979. The Commonwealth filed an Application to Extend Time for Trial on January 24, 1979, prior to the expiration of the 180 day time limit for trial provided by Rule 1100 of the Pennsylvania Rules of Criminal Procedure. The Appellants' motions to suppress evidence were denied by the lower court. The lower court scheduled a hearing on the Commonwealth's Application to Extend, for March 5, 1979, at which time the lower court granted the Application to Extend and denied motions filed by the Appellants to dismiss the charges as a

[ 285 Pa. Super. Page 589]

    result of the passage of the 180 day time limit provided in Rule 1100. The Appellants' jury trial took place on March 30, 1979, and resulted in convictions. This appeal arose from the Judgments of Sentence, following the denial of post-trial motions.

We first examine the Appellants' claims that the lower court erred in granting the Commonwealth's Application to Extend the time for the commencement of trial. In support of this argument, the Appellants maintain that the Commonwealth's Application was no more than a form petition of a type condemned by our Court in prior decisions, and further, contend that there was ...


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