Commonwealth v. Pressel
| Decision Date | 13 September 1962 |
| Citation | 199 Pa.Super. 16,184 A.2d 358 |
| Parties | COMMONWEALTH of Pennsylvania v. Francis PRESSEL, Appellant. |
| Court | Pennsylvania Superior Court |
J. Edward Pawlick, York, for appellant.
Daniel W. Shoemaker, Dist. Atty., John T. Miller, First Asst. Dist Atty., York, for appellee.
Before RHODES, P. J., and ERVIN, WRIGHT, WOODSIDE, WATKINS MONTGOMERY and FLOOD, JJ.
Francis Pressel was indicted in the Court of Quarter Sessions of York County on charges of burglary, larceny and receiving stolen goods. At the first trial a demurrer was sustained as to the charge of receiving stolen goods, and the jury returned a verdict of guilty on the charges of burglary and larceny. Following the imposition of sentence, an appeal was taken and this court granted a new trial on the ground that the trial judge erred in refusing one of appellant's points for charge: Commonwealth v. Pressel, 194 Pa.Super. 367 168 A.2d 779. At the second trial Pressel was again convicted of burglary and larceny. Motions for a new trial and in arrest of judgment were overruled, and sentence was imposed. This appeal followed.
The sole question raised by appellant's present counsel is thus stated: 'Was the testimony sufficient to sustain the verdict?' When a defendant in a criminal case challenges the sufficiency of the evidence produced to convict him, the appellate court must view the evidence in the light most advantageous to the Commonwealth, in whose favor the jury's verdict resolved all controverted factual questions and the reasonable inferences to be taken from the testimony: Commonwealth v. Ballow, 171 Pa.Super. 54 90 A.2d 363. See also Commonwealth v. Butler, 189 Pa.Super. 399, 150 A.2d 172; Commonwealth v. Anderson, 191 Pa.Super. 213, 156 A.2d 624. It will be necessary to briefly summarize the trial record.
In the early morning of October 15, 1958, there was a burglary at the Luckenbaugh Garage, 231 North Main Street, in Spring Grove, York County. It was the theory of the Commonwealth that this burglary was committed by three young men, namely, Ervin E. Billet, Jack Treadway, and Francis Pressel, this appellant. The proprietor of the garage, who lived at 221 North Main Street, with no building intervening, was awakened by the burglar alarm. He was able to see three persons moving about in the garage service department, illuminated by night lights, but could not identify them. He called the Chief of Police of Spring Grove, Joseph Rutter, since deceased. He then dressed, went to the garage, and found a 1958 Chevrolet automobile missing, also several spot lights and a pair of tires. Donald A. Young, who lived directly across the street from the garage, observed Officer Rutter's car approaching and the 1958 Chevrolet backing out of the garage with two occupants. Mr. Young rushed out to assist the officer, got in the officer's car, and he and the officer started in pursuit of the 1958 Chevrolet. As they pulled away, Young noticed a 1949 Ford coming from the side of the garage. This Ford followed along behind the Rutter car. The license number of the Ford was MO-2801, later shown to have been issued to Francis Pressel, the appellant. Having failed to catch the Chevrolet, Rutter flagged down the Ford, which had only one occupant. Young observed three spot lights on the back seat. When Rutter reached in to grab the ignition key, the occupant accelerated the motor and pulled away. Rutter and Young followed, but again lost the car.
The witnesses for the Commonwealth, in addition to Luckenbaugh and Young, were Billet and Treadway, who had pleaded guilty and had been sentenced. Billet testified that the burglary was planned with Treadway and Pressel, that the three of them went to the garage in Pressel's Ford car with Pressel driving, that Pressel parked his car at the side of the garage and all three entered, that two tires were put in the Chevrolet automobile and three spot lights were put in Pressel's Ford, that as he and Treadway were leaving the garage in the Chevrolet, Rutter appeared and they got away, that the plan was for Pressel to follow in his Ford, that Pressel later told him and Treadway about being stopped by Rutter and escaping. Treadway gave substantially the same testimony as Billet.
After a demurrer to the evidence had been overruled, appellant took the stand in his own defense. He denied any connection with the burglary, denied any conversation with Billet and Treadway after the burglary, and testified that he was home in bed on the night in question. He stated that he had parked his Ford in the driveway with the keys in it, and that it was missing the next morning. A number of witnesses testified as to appellant's good reputation for truth and veracity.
Of particular significance is the fact that, at the request of appellant's trial counsel, Billet and Treadway were sequestered as witnesses yet their testimony on all material matters was practically identical. It should also be...
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