No. 57 Pittsburgh, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County. at No. CC7900206.
Vincent C. Murovich, Jr., Pittsburgh, for appellant.
Kathryn L. Simpson, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.
Spaeth, Wickersham and Lipez, JJ.
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Duke Galassi, appellant, was tried before the Honorable Ralph Cappy and a jury in a trial commencing June 6, 1979
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on two charges of violating the uniform firearms act, to wit: former convict not to own a firearm (18 Pa.C.S. § 6105) and firearms not to be carried without a license (18 Pa.C.S. § 6106).*fn1 The jury returned a verdict of guilty on both charges and, following sentencing, this direct appeal was taken.*fn2
The day before the jury trial began, a suppression hearing was held before Judge Cappy and defense counsel, Vincent C. Murovich, Jr., Esquire, requested the court to sever the charges against him. The trial court refused the request for severance. The court said:
THE COURT: I don't have any difficulty in entertaining the motion to amend or the oral argument in the nature of the motion to amend the pre-trial motion. However, I do understand the difficulty in these kinds of cases, Mr. Murovich. But the difficulty arises from, you know, two charges which are arising from a set of facts which are consistent -- one set of facts, two charges. It seems -- it may even seem to me to be redundant charges, although there is a specific additional penalty for former convict. The real question here is first, the jury has to reach the question did he possess the gun? And then secondly, if he did, the rest follows. Or secondly, if he is a
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convicted convict. I can't grant your request to ...