78 Pa. Super. 336 | Pa. Super. Ct. | 1922
Opinion by
The most important question submitted to us is whether there was sufficient evidence to warrant a conviction. The facts as narrated by the Commonwealth’s witnesses are as follows: George Kohlcheck, a Hungarian, has a store in Coatesville. One of the defendants, Beauman, came to his place of business and told that his name was Vardy and wanted to know if there was any Hungarian who came from the same town in Europe as he, Kohlcheck, did. The next morning Beau-
It is assigned as an error that the court allowed the bags which were found in the rooms occupied by those defendants to be shown in evidence with their contents. It appears that these three bags were in the two rooms when they were taken away by the police and that the two rooms were occupied by the defendants and used by them indiscriminately. We can see no reason why the court could have ruled these out because assuredly these men exercised dominion over the bags and the fact that the suit case was contained in the same rooms would be some evidence that it belonged to them and was in their possession.
We can see no error in the admission of the testimony of Detective Gomborrow who was a member of the police force of the City of Philadelphia. He was called upon to explain the use of the device which was found in the dress suit case. The jury by a mere inspection could not have knowledge of it. Certainly if such a device is found in the possession of a person charged with a crime, the use the device is put to, may be explained by some one having a technical knowledge of it.
As far as the objection made to the charge of the court, we can find no merit in it. The court is charged with having expatiated upon the Commonwealth’s testimony at great length and made briefer reference to the defense. There is no rule which requires the court to
All of the assignments are overruled, the judgment is affirmed and the record remitted to the court below and it is ordered that the defendants appear in the court below at such time as they may there be called and that they be by that court committed until they have complied with the sentence or any part of it which had not been performed when the appeal in this case was made a supersedeas.