Perecinsky v. Com.
| Decision Date | 21 October 1960 |
| Citation | 340 S.W.2d 233 |
| Parties | John PERECINSKY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Daniel W. Davies, Newport, Ky., for appellant.
John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., for appellee.
The appellant, John Perecinsky, was separately tried, convicted and sentenced to five years' imprisonment under an indictment jointly accusing him and two confederates, Joseph Lopez and Alfred Senibaldi, of grand larceny in the stealing of two suits from a department store in Newport, Ky. Senibaldi had been previously tried and convicted, and the circumstances of the case are fully set out in the opinion of this court in Senibaldi v. Com., Ky.1960, 338 S.W.2d 915 (rendered Sept. 30, 1960).
The evidence connecting Perecinsky with the theft, actually committed by Lopez alone, was almost the same as introduced against Senibaldi. The three men had been in and out of the store at least four times shortly before the suits were taken, and their actions in conferring with one another and then separating to different areas of the store (at one stage, for example, Perecinsky and Senibaldi secured the attention of the suit salesman by engaging him in conversation while Lopez was browsing around elsewhere in the store) had aroused the suspicions of the employees, who called the police. The police caught Lopez leaving the store with two new suits (hangers and all) stuffed under his belt. Senibaldi and Perecinsky were found and arrested in the vicinity of the store shortly thereafter. All three men were observed to be wearing trousers too large in the waist. Perecinsky at once admitted that he was with Lopez and Senibaldi and on the next day informed the police authorities that they had all come down to Newport from Cleveland, Ohio, in Senibaldi's sister's automobile.
As may be inferred from what was said in the Senibaldi case, we are of the opinion that the foregoing evidence supports the conviction of Perecinsky as an accomplice. Again in this case the same further points are raised as were discussed in the Senibaldi case, with the exception that here there is no contention that the fruits of the illegal search of Senibaldi's car were displayed to the jury or mentioned by the Commonwealth's Attorney. For the same reasons, therefore, as expressed in the Senibaldi case, we find no prejudicial error in the admission of evidence or in the...
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Bertone v. State
...officer working on the criminal case which was being tried. See Nalls v. United States, (5th C.A. 1957) 240 F.2d 707; Perecinsky v. Commonwealth, Ky., 1960, 340 S.W.2d 233; People v. Trinchillo, N.Y., 1956, 2 A.D.2d 146, 153 N.Y.S.2d 685. In the situation sub judice, however, we do not feel......