186 Pa. Super. 282 | Pa. Super. Ct. | 1958
Opinion by
The appellants, Anthony Oapozoli, August Puglin and John Ward, were indicted and tried jointly on charges of burglary, larceny and receiving stolen goods. Demurrers were sustained as to the count charging receiving stolen goods. The jury found all three guilty on the first and second counts of burglary and larceny. After refusal of motions in arrest of judgment and for a new trial, the defendants were sentenced. The present appeals were then taken. The factual situation and the principles of law are substantially the same in all three cases and will be dealt with in one opinion.
The facts are substantially as follows: two police officers testified that they observed two of the defendants, Capozoli and Puglin, leaving a rooming house operated by one Matt Drozich, the victim of the burglary; that one of the officers called to Capozoli and Puglin to stop, although at the time he had no knowledge of the occurrence of a burglary; that thereafter the two defendants started to run, Capozoli carrying a little black- package - in -his hand and Puglin carrying a
The only eye witness of the crime presented by the Commonwealth was the victim, Drozich. His testimony completely exonerated the defendants. The Common
Judgments of sentence reversed and it is directed that the defendants be discharged.