No. 2662 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Criminal at No. 81 - 006745.
Mark Stuart Gurevitz, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.
Lenard H. Sigal, Philadelphia, for appellee.
Spaeth, Wickersham and Lipez, JJ.
[ 309 Pa. Super. Page 473]
This is an appeal by the Commonwealth from an order granting a petition to return property. The record is too
[ 309 Pa. Super. Page 474]
incomplete to permit a sensible decision. The order will therefore be reversed and the case remanded for a new hearing, so that a proper record may be made.
In its brief the Commonwealth asserts that it "present[ed] strong evidence which compels the inference that the hundreds of items stored by this admitted fence [appellee] were stolen and, therefore, constitute contraband . . . ." Reply Brief for Commonwealth at 3.
Two detectives testified at the hearing. Detective Thomas Chisholm said that "a jewelry box containing numerous jewelry items" was taken from appellee's residence at 8217 Stenton Avenue. N.T. 8. Asked to estimate how many items, the detective replied, "40 to 50 pieces." N.T. 9. The detective said that he also found a gun in the bedroom, N.T. 11, and "assorted" men's and women's watches, N.T. 13, although apparently the watches were not additional items but among those in the jewelry box, N.T. 13-14. Detective Andrew Brown said that "[n]umerous items, jewelry, televisions, stereos, clocks, lamps, numbers paraphernalia" were found "in the basement of the building" [a two-story building at 22nd and Allegheny]. N.T. 20-21. He also said that "[c]locks, silver, jewelry, drills, power tools, art work, tables, lamps, clothing" were found in a house at 3624 Stanton Street. N.T. 21. The detective also indicated that items were found at 6705 Ridge Avenue, "[t]hroughout the building," N.T. 20, but he was not asked, and did not say, what the items were.
While Detective Chisholm was on the stand, the assistant district attorney asked that "C -- One [be marked] for identification," the detective then identifying it as "the property receipt with the jewelry taken from [appellee's] residence." N.T. 14. The assistant district attorney also asked that "C-Two [be marked];" asked to identify it, the detective replied:
Q. I show you what has been marked as Exhibit C-Two for identification and ask you ...