Commonwealth v. Emmi

434 A.2d 142, 290 Pa. Super. 86, 1981 Pa. Super. LEXIS 3301
CourtSuperior Court of Pennsylvania
DecidedAugust 21, 1981
Docket364
StatusPublished
Cited by11 cases

This text of 434 A.2d 142 (Commonwealth v. Emmi) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Emmi, 434 A.2d 142, 290 Pa. Super. 86, 1981 Pa. Super. LEXIS 3301 (Pa. Ct. App. 1981).

Opinions

CERCONE, President Judge:

Appellant, James Emmi, takes this appeal from the judgment of sentence rendered by the Court of Common Pleas of Delaware County for the crimes of unauthorized use of an automobile,1 theft by receiving stolen property2 and criminal conspiracy.3 He raises two questions in this appeal: (1) whether the lower court erred in that its charge to the jury constituted a violation of the appellant’s constitutional right to a fair and impartial trial; and (2) whether the evidence was sufficient to sustain his conviction for the offense of criminal conspiracy.

The operative facts of the instant case are as follows: In the early morning hours on August 30,1977, appellant Emmi was observed by a police officer when he disregarded a red light. The officer who witnessed this blatant violation of the Motor Vehicle Code stopped the blue 1966 Pontiac GTO which the appellant was driving. Unknown to the officer, [89]*89this vehicle had been reported as stolen only five hours earlier by its rightful owner. Upon being asked for his owner’s card, the appellant told the inquiring officer that his name was Emmi and that he could produce the proper identification if he were allowed to enter his nearby residence. Having been mistakenly informed via police radio that the car involved was not a stolen one, the officer allowed Mr. Emmi and his three passengers to enter the house. The officer stayed outside of the residence and wrote out appellant’s traffic violation citation. At this time, he received another broadcast via police radio that the prior report had been mistaken and that the vehicle in question was, in fact, stolen. He immediately went up to the house which the four people had entered and he proceeded to knock on the door. Upon receiving no response, the officer observed that the lights which previously had been on in the house were now being extinguished. He then impounded the vehicle and initiated procedures to obtain a warrant to arrest appellant Emmi. Pursuant to the warrant which was later issued, Mr. Emmi was taken into custody, but the identities of his three passengers remained unknown.

Appellant was then charged with theft by unlawful taking,4 unauthorized use of an automobile, theft by receiving stolen property, criminal conspiracy, and disorderly conduct.5 After appellant was held for court on all charges, his case proceeded to trial before a judge and jury on January 16, 1978. Just prior to closing argument, however, the Commonwealth withdrew the charge of disorderly conduct. The appellant was then found guilty of all the remaining charges except that of theft by unlawful taking on which the jury found him not guilty. After his post-verdict motions were denied, the appellant was sentenced to a term of two to four years incarceration for theft by receiving stolen property and was also ordered to pay costs, a $200 fine, and $275 in restitution to the victim. In addition, he received a suspended sentence on unauthorized use of an automobile as well as [90]*90criminal conspiracy. This appeal from the judgment of sentence was then pursued.

Appellant’s initial contention is that the trial court’s summary of the evidence contained in the charge to the jury was biased and prejudicial to him thereby depriving him of his right to a fair and impartial trial by jury. Pa.Const. art. I, § 9. In support of his position, appellant, in his brief, directs our attention to the following passages. One is from Commonwealth v. Archambault, 448 Pa. 90, 93, 290 A.2d 72, 73 (1972) (footnote omitted):

When a Judge expresses to the Jury his opinion that the accused is guilty, he invades the province of the jury and thereby violates the accused’s fundamental right to trial by jury, a right that has been guaranteed by the Constitution of this Commonwealth since 1776.

The second passage originally appeared in Commonwealth v. Myma, 278 Pa. 505, 508, 123 A. 486, 487 (1924) (quoted in Commonwealth v. Archambault, supra, 448 Pa. at 95, 290 A.2d at 75):

The Judge occupies an exalted and dignified position; he is the one person to whom the jury with rare exceptions, looks for guidance, and from whom the litigants expect absolute impartiality. An expression indicative of favor or condemnation is quickly reflected in the jury box..... To depart from the clear line of duty through questions, expressions or conduct contravenes the orderly administration of justice. It has the tendency to take from one of the parties the right to a fair and impartial trial, as guaranteed under our system of jurisprudence.

In addition, our Supreme Court in Commonwealth v. Butler, 448 Pa. 128, 134-35, 291 A.2d 89,92 (1972) (citations omitted) stated further:

Just as a trial judge is not permitted to indicate to the jury his views on the verdict that they should reach in a criminal case, ... similarly, he is not permitted to indicate to a jury his views on whether particulár witnesses are telling the truth.

[91]*91While we emphatically agree with the law expressed in the above-quoted passages, we are far from convinced that these concepts are applicable to the present case. After reviewing the record, we have come to the conclusion that the trial court’s summary of the evidence was both fair and accurate.

Despite appellant’s contention that the trial judge improperly summarized the facts of this case in a slanted and biased fashion, thereby allegedly causing him prejudice, we fail to comprehend the manner in which appellant’s right to a fair trial was purportedly besmirched. The ABA Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (approved Draft, 1963) is quite illuminating in this regard:

4.7 Summary of and comment on evidence.
(a) The court, at the time it instructs the jury, may summarize and comment on the evidence, provided the jury is clearly and unequivocally instructed that it is the exclusive judge of the facts, that it is to determine the weight of the evidence and the credibility of witnesses, and that it is not bound by the comments of the court.
(b) The summary and comment permitted in subsection (a) is governed by the following principles:
(i) The court may analyze the evidence, draw the attention of the jury to important portions of the evidence, and fairly and accurately summarize the contentions of both the prosecution and the defense.
(ii) The court may not suggest a verdict of guilty or not guilty, nor may the court directly express an opinion on the guilt or innocence of the defendant.
(iii) The court may not present any item of evidence as a proven or undisputed fact unless the matter has been affirmatively conceded or is the subject of judicial notice.
(iv) The court may state the law and comment on matters in evidence bearing on the credibility of any witness, but may not directly express an opinion that certain testimony is worthy or unworthy of belief.

[92]*92

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Bluebook (online)
434 A.2d 142, 290 Pa. Super. 86, 1981 Pa. Super. LEXIS 3301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-emmi-pasuperct-1981.