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Commonwealth v. Clark

Superior Court of Pennsylvania
Mar 20, 1963
189 A.2d 321 (Pa. Super. Ct. 1963)

Opinion

December 13, 1962.

March 20, 1963.

Criminal Law — Burglary — Accessory before and after the fact — Conspiracy — Evidence — Requesting goods to be stolen and disposing of them.

On appeal by defendant following conviction of being an accessory before and after the fact of burglary, and of conspiring to commit burglary, in which it appeared that there was evidence that defendant was a member of a well organized ring which committed a series of burglaries; that he disposed of some of the merchandise stolen in these burglaries, and sometimes received a substantial share from the loot of the thefts; that on a particular occasion he requested other members of the ring to obtain whiskey for him, following which the others burglarized a tavern and delivered a large amount of stolen liquor to defendant; and that the court below held that the evidence was sufficient to support the convictions on all three counts, it was Held that the order of the court below dismissing defendant's motions in arrest of judgment and for a new trial should be affirmed.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

Appeal, No. 1, Oct. T., 1963, from order of Court of Quarter Sessions of the Peace of Montgomery County, Nov. T., 1961, No. 373, in case of Commonwealth v. Philip Clark. Order affirmed.

Same case in court below: 29 Pa. D. C. 2d 379.

Indictment charging defendant with being an accessory before and after the fact to burglary, and with conspiracy to commit burglary. Before GROSHENS, J.

Verdict of guilty of all charges, and judgment of sentence thereon. Defendant appealed.

James P. Geoghegan, for appellant.

Harold W. Spencer, District Attorney, for Commonwealth, appellee.


Submitted December 13, 1962.


The order of the Court of Quarter Sessions of Montgomery County is affirmed on the opinion of Judge GROSHENS, for the court below, reported at 29 Pa. D. C. 2d 379.


Summaries of

Commonwealth v. Clark

Superior Court of Pennsylvania
Mar 20, 1963
189 A.2d 321 (Pa. Super. Ct. 1963)
Case details for

Commonwealth v. Clark

Case Details

Full title:Commonwealth v. Clark, Appellant

Court:Superior Court of Pennsylvania

Date published: Mar 20, 1963

Citations

189 A.2d 321 (Pa. Super. Ct. 1963)
189 A.2d 321

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