Opinion
September 16, 1963.
November 13, 1963.
Criminal Law — Arson — Conspiracy to commit arson — Evidence — Delay in arrest.
On appeal by defendants following conviction of arson and conspiracy to commit arson, in which it appeared that prior to the fire there had been a substantial loss of business at defendant owner's shoe store; that there was a recent large increase in fire insurance; that a large volume of recently purchased and boxed, mismated shoes had been stacked on shelves in the basement; that the fire made very rapid progress in separate parts of the basement almost momentarily after two of the defendants had been there; that there was an abnormal severity of the fire and there were abnormal patterns of burning in areas where the mismated shoes were stacked; that defendants had removed cash from the register prior to leaving the store, ahead of the customary time; and that the court below, holding that the evidence was sufficient to sustain the convictions, and that defendants' contention that the delay of approximately five and one-half months in their arrest had prejudiced them was without merit, dismissed defendants' motions in arrest of judgment and for a new trial; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 258, Oct. T., 1963, from judgment of Court of Oyer and Terminer of Montgomery County, Sept. T., 1961, No. 257, in case of Commonwealth of Pennsylvania v. Edward Borens et al. Judgment affirmed.
Same case in court below: 32 Pa. D. C. 2d 185.
Indictments charging defendants with arson and conspiracy to commit arson. Before GROSHENS, J., without a jury.
Defendants adjudged guilty and judgments of sentence entered thereon. Defendants appealed.
I. Finkelstein, with him Bernard L. Lemisch, for appellants.
William C. Cahall, III, Assistant District Attorney, for Commonwealth, appellee.
Argued September 16, 1963.
The judgments of sentence of the court below are affirmed on the opinion of Judge GROSHENS of the Court of Oyer and Terminer of Montgomery County, as reported in 32 Pa. D. C. 2d 185.
It is ordered that said defendants appear in the court below at such time as they may be there called, and that they be by that court committed until they have complied with their sentences or any part thereof which had not been performed at the time the appeals were made a supersedeas.