Commonwealth v. Knighton

380 A.2d 789, 251 Pa. Super. 299, 1977 Pa. Super. LEXIS 2932

Opinions

WATKINS, President Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas of Northampton County after conviction of the defendant-appellant, Sidney Knighton, in a jury trial of crimes of burglary, theft of movable property, and from the denial of post-trial motion. He was sentenced to two and one-half to five (2V2 to 5) years imprisonment.

The appellant contends that he was denied his right to allocution at sentencing. The record belies this claim as it establishes that he and his counsel were afforded the opportunity to address the court prior to the imposition of sentence. He also complains because the court sought the aid of the full bench in fixing sentence as the trial judge had the inclination to sentence him to the maximum term. This benefited the appellant. His consultation with the full bench is not grounds to set aside the sentence. The sentence is within the discretion of the court. Commonwealth v. Reese, 230 Pa.Super. 471, 327 A.2d 189 (1974).

A store was broken into on the night of June 30, 1975, and clothing of the value of $4940.76 was stolen. Statements made by the appellant in the presence of two Commonwealth witnesses who resided with the appellant of his intention to burglarize the store before the commission of the crime and statements of the same witness indicating his part in the burglary when he returned in possession of items stolen were submitted into evidence under objection. These statements qualify as admissions and are exceptions to the hearsay rules. Commonwealth v. Glover, 446 Pa. 492, 286 A.2d 349 (1972).

The court below properly denied the appellant’s demurrer and request for binding instructions. The evidence was sufficient under the law to support the verdict. Items found in the appellant’s apartment were identified by the store manager as being part of the loot of the burglary. This was the same material that the two witnesses testified were in the appellant’s possession when he returned to his residence and which he stated that he had secured from the burglary.

The court’s charge as to voluntary intoxication was sufficient. Commonwealth v. Graves, 461 Pa. 118, 334 A.2d 661 (1975). Appellant’s point for charge, which was refused, was redundant.

During voir dire, one prospective juror in answer to a question, remarked that- everyone was a victim of crime. The court immediately dismissed the juror. The motion for a mistrial was properly refused. Judgment of sentence affirmed.

SPAETH, J., files a dissenting opinion in which HOFFMAN, J., joins.