Opinion
June 9, 1958.
July 17, 1958.
Criminal law — Robbery — Assault and battery — Principal in second degree — Presence at commission of crime — Aiding and abetting — "Encouraging" — Evidence — Prior attempt to pick pocket of victim — Judicial review following conviction.
1. On appeal by defendants following conviction and sentence on indictments charging robbery by assault and force and assault and battery, in which it appeared that there was testimony to warrant the jury in finding that defendants were active partners in intending to commit robbery upon the victim and were present in the immediate area at the time the crime was committed, although they did not engage in the actual physical violence or robbery, it was Held that there was evidence sufficient to convict defendants of having been principals in the second degree.
2. A principal in the second degree is one who is present when a felony is committed by another, and who aids and abets in its commission.
3. One is an aider and abettor in the commission of a crime if he is an active partner in the intent which is the crime's basic element.
4. When two or more persons conspire or combine with one another to commit any unlawful act, each is criminally responsible for the acts of his associate or confederate committed in furtherance of the common design.
5. Defendants' contention that the trial judge erred in his charge in stating that defendants, in order to be guilty of the crime charged, had to be shown to have been present, aiding, abetting, "encouraging", or assisting in the commission of the crime, was Held to be without merit.
6. It was Held that the trial judge did not err in permitting the Commonwealth to introduce evidence indicating that one of the defendants had attempted to pick the pocket of a victim, prior to the time that the actual robbery took place but after the plan to rob the victim had been formed.
7. In considering motions of defendants for a new trial and in arrest of judgment following conviction, the court must accept as correct the testimony submitted by the Commonwealth as well as the reasonable inferences which can properly be drawn therefrom.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeals, Nos. 251 and 252, Oct. T., 1958, from judgments of Court of Oyer and Terminer of Berks County, Sept. T., 1957, No. 8, in case of Commonwealth of Pennsylvania v. Charles Jackson and Gilbert R. Jackson, alias "Sweet Man". Judgments affirmed.
Same case in court below: 13 Pa. D. . C. 2d 218.
Indictments charging defendants with assault and battery and robbery by assault and force. Before HESS, J.
Verdicts of guilty and judgments of sentence entered thereon. Defendants appealed.
Leonard J. Gajewski, for appellants.
Peter F. Cianci, Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for appellee.
Argued June 9, 1958.
The judgments of sentence of the court below are affirmed on the opinion of Judge HESS of the Court of Oyer and Terminer of Berks County, as reported in 13 Pa. D. C. 2d 218.