No. 2519 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Chester County at No. 2030-80.
Joseph J. Dougherty, West Chester, for appellant.
James P. MacElree, Assistant District Attorney, West Chester, for appellee.
Wickersham, McEwen and Popovich, JJ.
[ 294 Pa. Super. Page 439]
On or about October 2, 1980, Vivian Nichelson, the appellant, and Michael Marrero, co-defendant, were charged in Philadelphia County with kidnapping, unlawful restraint,
[ 294 Pa. Super. Page 440]
unlawful use of credit cards, aggravated assault, simple assault, theft, receiving stolen property, criminal conspiracy (for kidnapping, robbery, aggravated assault, forgery and murder), forgery, robbery and criminal attempt homicide, prohibitive offensive weapons, violation of the Uniform Firearms Act and terroristic threats.
On or about October 21, 1980, the appellant and co-defendant were charged in Chester County with criminal attempt homicide, aggravated assault, robbery, theft, receiving stolen property, violation of the Uniform Firearms Act, possession of instruments of crime, and criminal conspiracy to commit all of the above Chester County charges.
The incident in question allegedly occurred on September 11, 1980, when Edward McCarren was exiting his 1975 Cadillac in Philadelphia. He was approached by Marrero who produced a handgun and ordered Mr. McCarren to get back in his car. Shortly thereafter Nichelson entered the vehicle and drove out of Philadelphia to the Fort Washington interchange of the Pennsylvania Turnpike headed West. After the car was on the turnpike Marrero ordered the victim to place his wallet and personal belongings in a paper bag, which the victim did. At a point in Chester County, the car stopped and the victim was bound and gagged and placed in the woods. After a period of twenty minutes, the victim was approached by Marrero who produced a gun and shot the victim in the head. Marrero and Nichelson then took the victim's car and returned to Philadelphia where they used a Sears credit card to obtain shoes and attempted to obtain jewelry, at which point Marrero was apprehended and within fifteen days Nichelson was also apprehended.
On February 17, 1981, trial commenced in Philadelphia. The jury returned guilty verdicts to all of the Philadelphia charges except possession of firearms without a license and unlawful use of credit cards on which the jury deadlocked.
On July 3, 1981, a Motion to Quash the Criminal Informations in Chester County was filed and, on July 28, 1981, oral argument and briefs ...