Commonwealth v. Walker
| Decision Date | 03 January 1968 |
| Parties | COMMONWEALTH of Pennsylvania v. Culber WALKER, Appellant. |
| Court | Pennsylvania Supreme Court |
Herman I. Pollock, Defender, Philadelphia, Melvin Dildine, Chief, Appeals Div., Defender Assn. of Philadelphia John W. Packel, Defender Assn., for appellant.
Arlen Specter, Dist. Atty., Alan J. Davis, Asst. Dist. Atty., Chief Appeals Div., John A. McMenamin, Asst. Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Philadelphia, for appellee.
Before BELL C.J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
This is an appeal from the Order of the Superior Court affirming the judgment of sentence of the Court of Quarter Sessions of Philadelphia County.
On March 24 and 25, 1966, Culber Walker was tried before a Judge without a jury on charges of conspiracy, assault and battery aggravated assault and battery, and aggravated robbery. He was found guilty on all charges and sentenced to one to ten years. He thereafter appealed to the Superior Court, and from its Order we granted an allocatur. The facts surrounding the crimes for which he was convicted may be summarized as follows:
On July 1 1961, two masked men came into Harry Cohen's store and robbed him of approximately $200. One of the men hit Cohen on the head with the butt of his gun. As a result of this blow, Cohen bled profusely. Mrs. Cohen, who was in the back of the store, was also struck and injured by the robbers. A bystander, Mrs. Jacqueline Moore, noticed the two men coming out of the store and noted that they were wearing masks. She saw the men jump into a white or cream-colored car, and noticed the license plate on the car. Neither Cohen nor his wife (who called the police) was able to identify Walker as one of the men who entered the store. Moreover, Mrs. Moore was not able to identify Culber Walker as one of the men (robbers) who came out of the store or jumped into the car. She testified that the car bore a New York license and that shortly before the men came out of the store she noticed someone was working on the car. Moreover, she admitted that she had testified at Walker's preliminary hearing that Culber Walker was not the man working on the car.
This robbery occurred at about 4:00 P.M. At about 8:00 P.M., Culber Walker approached two policemen and stated that he had heard that his car was wanted by the police, and he wanted to know if this was true. The officers had apparently missed a broadcast pertaining to Culber Walker's car. Walker was not detained. However, the officers noted among Walker's papers a membership card in the Woodbine Club. Several hours later, the officers finally heard the broadcast that Walker's car was involved in a robbery. Culber Walker was the owner of a cream-colored automobile bearing the same New York license number noted by Jacqueline Moore, and neither he nor any witness explained how the robbers obtained his car if he was not with them. The officers then proceeded to the Woodbine Club, where Walker was arrested. A search of Culber Walker revealed three (dollar) bills stained with human blood. The blood was not tested with respect to its type or age.
The dollar bills which were on the person of the defendant and seized by the police at the time of defendant's arrest were admissible at defendant's trial: Ker v. State of California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726; Commonwealth ex rel, Ensor v. Cummings, 416 Pa. 510, 514, 207 A.2d 230; Commonwealth v. Gockley, 411 Pa. 437, 192 A.2d 693. In Commonwealth v. Gockley, 411 Pa. pages 446--447, 192 A.2d page 698, supra, the Court said:
However, the testimony concerning the admissions of defendant with respect thereto stand on a different footing. At the trial, Detective Douglas Alexander testified as follows:
'Q. Detective, when you found the money on the defendant did you say anything to him about it?
A. We asked him how he could account for the blood on the money.
Q. What did he say?
Mr. Packel: Objection.
The Court: Overruled.
A. He stated that he had injured his, I believe, his right thumb.
Q. Right thumb?
A. Right thumb.
Q. Did you look?
A. We checked the thumb and could find no injury.
Q. No injury. That is all, Detective.'
Walker was found guilty by the Trial Judge on all bills of indictment. His motion in arrest of judgment and for a new trial was denied. He thereafter appealed to the Superior Court, and from its Order we granted an allocatur. He contends that the trial Judge erred in admitting the quoted portion of Detective Alexander's testimony. Walker's statement to Alexander was made after he had been arrested and was in the custody of the police, and it was made without any warning of his rights. Since this trial occurred in March 1966, Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, governs this situation.
In Commonwealth v. Jefferson, 423 Pa. 541, pages 543--544, 226 A.2d 765, page 767, the Court said:
'Since the trial herein concluded on April 22, 1965, evidence of the inculpatory statements involved was not rendered constitutionally inadmissible at trial merely because the police did not adhere to the 'in-custody' warnings prescribed by Miranda v. State of Arizona, 384 U.S 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). See, Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966); Davis v. State of North Carolina, 384 U.S. 737, 86...
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