76 Pa. Super. 311 | Pa. Super. Ct. | 1921
Opinion by
This defendant was indicted and convicted with his brother for robbery; a joint appeal having been taken, that of William M. Gumaer was discontinued, and the appeal of Leroy L. Gumaer is pressed for argument.
One Harry Goldman, a peddler, while traveling through Susquehanna County on a public highway, in a wagon containing his wares, was stopped in the early afternoon by two men, whose faces were masked by handkerchiefs and each displaying a revolver, challenged Goldman with the demand “Hold up your hands and give us your money.” After some controversy and actual physical violence used they secured $600 in money, $300 in checks, and some jewelry. When withdrawing from this assault and robbery they removed the handkerchiefs from their faces, so that Goldman had a fair view of them. He made his way to the nearest house and notified a party of farmers, then engaged in threshing, of his dilemma. ' The party pursued the robbers, but abandoned the search after losing the trail in the woods
It cannot be fairly urged that any advantage was taken of these defendants by the state' constables, who
The trial was conducted with exceptional fairness, and this appeal has been earnestly urged by able counsel, but on full consideration of the record we do not find any reversible error.
The judgment is affirmed, the record remitted to the court below, and it is ordered that the defendant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence or any part of it which had not been performed when the appeal in this case was made a supersedeas.