No. 470 April Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas of Mercer County, Criminal Division, at No. 293 Criminal, 1978.
David A. Murdoch, Sharon, for appellant.
David B. Douds, Assistant District Attorney, Mercer, for Commonwealth, appellee.
Spaeth, Wickersham and Lipez, JJ.
[ 288 Pa. Super. Page 131]
On November 28, 1978, appellant, Joseph Manuel Mays, was tried without a jury before the Honorable Albert E. Acker of the Court of Common Pleas of Mercer County. Appellant was found guilty of robbery and conspiracy to commit robbery. Post-verdict motions were denied, and appellant was sentenced to concurrent terms of imprisonment
[ 288 Pa. Super. Page 132]
of three to six years for both offenses. This appeal followed.*fn1
The issue on appeal is whether the lower court erred in failing to suppress certain physical evidence and oral statements obtained by the police as a result of appellant's arrest. Appellant argues that the arrest was illegal because the arresting officer, Officer Samuel Hagash of the Shenango Township Police Department, did not have authority to arrest appellant in the Borough of West Middlesex. The issue turns on the interpretation of a "Mutual Aid Agreement, Police Services" between the City of Sharon, the Municipality of Hermitage, the Township of Shenango, the Borough of West Middlesex, and other municipalities, all being political subdivisions of Mercer County.
This matter was initially heard upon an omnibus pre-trial motion by the Honorable John Q. Stranahan, President Judge, who concluded in an opinion on October 4, 1978, that Officer Hagash had the authority to arrest appellant in the Borough of West Middlesex under the municipal aid agreement. Judge Acker reached the same conclusion in his opinion on May 7, 1979, written pursuant to Pa.R.A.P. 1925. Our responsibility on review is to determine whether the record supports the factual findings and conclusions of law
[ 288 Pa. Super. Page 133]
made by the lower court. Commonwealth v. Kichline, 468 Pa. 265, 280, 361 A.2d 282, 290 (1976). In making this determination, this court will consider only the evidence of the Commonwealth and so much of the evidence of the defense as remains uncontradicted. Id., 468 Pa. at 280-281, 361 A.2d at 290. In the instant case, the defense presented no evidence at the omnibus hearing.
The relevant facts may be summarized as follows. On July 15, 1978, just prior to noon, appellant, accompanied by Leroy Wiggins, Jr., robbed the sole attendant at a Falcon Gas Station located on East State Street in Hermitage. Appellant pointed a loaded shotgun through the window of a car at the gas attendant, while Wiggins held a knife against the attendant's ...