No. 393 PITTSBURGH 1983, No. 394 PITTSBURGH 1983, Appeal from the Orders Entered March 11, 1983 in the Court of Common Pleas of Allegheny County, Criminal Division Nos. CC8300218 and CC8103426
Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.
Paul R. Gettleman, Zelienople, for appellee.
Tamilia, Johnson and Montgomery, JJ. Johnson, J., concurs in the result.
[ 338 Pa. Super. Page 370]
This is a consolidated Commonwealth appeal from two orders of March 11, 1983, granting appellee's motions to dismiss and/or quash informations charging him and others with conspiracy to commit extortion. We reverse.
On April 15, 1981, complaints were filed against appellee, Henry Ford and Gary Small, charging conspiracy to commit extortion. After a preliminary hearing before a judge acting as committing magistrate, all those charged were held for court and informations were subsequently filed. Appellee's pre-trial omnibus motion to suppress was granted and the Commonwealth appealed. During the pendency of this appeal the Commonwealth petitioned to amend the informations against co-conspirators Ford and Small. This was denied and the informations, identical to that lodged against appellee, were quashed. No Commonwealth appeal was then filed, but new informations were lodged and these too were quashed.*fn1 At this point the lower court's order
[ 338 Pa. Super. Page 371]
granting appellee's suppression motion was reversed by this Court and the case was remanded for trial. A Commonwealth petition requesting that the original information against appellee be amended was denied. Appellee was rearrested and after a preliminary hearing a new information was filed. On appellee's motions that both informations against him be quashed the court entered the Orders from which the Commonwealth now appeals.
The original information reads as follows:
The District Attorney of Allegheny County, by this information, charges that on (or about) the summer months of 1977 through and continuing until October 1980, in the said County of Allegheny, RICHARD HENKEL, hereinafter called actor, did commit the crime or crimes indicated herein; that is, 09031A, count 1, criminal conspiracy, felony 2. The actor, with the intent of promoting or facilitating the crime of criminal homicide of Arthur Rooney and/or Edward Ryan; and/or theft by extortion from said Arthur Rooney and Edward Ryan; and/or kidnapping of said Arthur Rooney and/or Edward Ryan, and/or robbery of said Arthur Rooney and Edward Ryan, and/or an attempt to commit said crimes, conspired and agreed with Henry Ford and/or Roy Travis, and/or Jack David Siggson, and/or Gary Edward Small, and/or Junior Kripplebair, and/or others, that they or one or more of them would engage in conduct constituting such crime or crimes, and in furtherance thereof, to commit the overt act of procuring, receiving, building, maintaining or testing a device or devices capable of carrying out part of the illegal agreement or providing weapons to co-conspirator or soliciting one or more of the co-conspirators to select a person as an appropriate victim of the illegal agreement or conducting a surveillance upon the homes of a prospective
[ 338 Pa. Super. Page 372]
victim in violation of § 903(a)(1) of the Pennsylvania Crimes Code, Act of Dec. 6, ...