Opinion
September 11, 1972.
November 16, 1972.
Criminal Law — Receiving stolen goods — Evidence — Revolvers and clothes in suitcase secreted under refrigerator in apartment of another — Alleged reference to arrest on a different charge — Possession of stolen revolvers — Confession by a co-defendant.
On appeal by defendant following conviction of receiving stolen goods and judgment of sentence, in which it appeared that in the court below defendant contended that the court below erred (1) in allowing the Commonwealth to introduce into evidence the clothes and revolvers found in a suitcase hidden underneath a refrigerator in an apartment rented by another, (2) in not declaring a mistrial because of alleged testimony of an arrest on a different charge, (3) denying a motion for a demurrer since the Commonwealth failed to prove possession by defendant of the revolvers, and (4) in not declaring a mistrial because a confession by one co-defendant was introduced at the joint trial; and that the court below held, in the circumstances, that defendant's contentions were without merit; it was Held that the judgment of sentence should be affirmed on the opinion of the court below.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeal, No. 347, Oct. T., 1972, from judgment of sentence of Court of Common Pleas of Luzerne County, No. 1344 of 1967, in case of Commonwealth of Pennsylvania v. Charles S. Grucella. Judgment of sentence affirmed.
Same case in court below: 59 Pa. D. C. 2d 610.
Indictment charging defendant with receiving stolen goods. Before OLSZEWSKI, J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Patrick J. Flannery, Assistant Public Defender, and James M. Reinert, Public Defender, for appellant.
Jerome L. Cohen, Assistant District Attorney, Daniel F. Daley, First Assistant District Attorney, and Patrick J. Toole, Jr., District Attorney, for Commonwealth, appellee.
Submitted September 11, 1972.
Judgment of sentence affirmed on the opinion of OLSZEWSKI, J., of the court below.