Commonwealth v. Gabelli

Opinion by

Ross, J.,

Appellants Louis Gabelli and Wilbert Smeltzer, with George Vokoder and Harold L. Willingham, were indicted in the Court of Quarter Sessions of Westmoreland County on counts of larceny and receiving stolen goods. Vokoder and' Willingham entered pleas of guilty. Appellants pleaded not guilty and after trial, on May 21, 1954, the jury found them guilty as charged. From the refusal of the court en banc of their motions in arrest of judgment and for a new trial they appealed to this Court.

The larceny, which occurred on the night of December 21, 1953, was of a new GMC one-ton,…