# Reply Brief — Johnson v. Pennsylvania > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0440%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Reply Brief - **Published:** January 1, 1950 - **Citation:** 340 U.S. 881 ## Text INDEX ANSWER: PAGE Counter Statement of the Case J Argument.........__. Weve den cad tole xaes i eo TABLE OF CASES CITED Commonwealth y. Agoston. 364 Pa. 464. 79 A 2nd 575 Lj EE ae a: -++eee. +10, 16, 22, 25. 96 Commonwealth v. Clark. 130 Pa. 641, 18 A. 988 (1889) 27 Commonwealth y. Johnson, 365 Pa. page 303, 374 A. 2nd BOGS ox rk die rnréseisas See eR. 29 Commonwealth vy. Logan, 361 Pa. 186. 192, 63 A. 2d 28 ot SOR a ig ae tak be ECE TAN RM AL PRG Ao hoe 8 Commonwealth of Massachusetts v- John Francis Knapp, 9 Mass. 496 eee v eee ate 6 Commonwealth ex re]. McGlinn v. Smith, 334 Pa. 41, hein Aesgsft PETERS OEE Pe ee Commonwealth ex re]. Shaw v. Smith. 147 Pa. Superior Ct. 423, 24 A. 2nd 724 So 3 PS ae tebe eee . 18,19 Commonwealth y. Spardute, 278 Pa. 37, 129 A. 161 enecraiel SRA OLE Oe tea neds fa eaten Tho ae irk 28 Commonwealth y. Turner, 358 Pa. 350. 364, 58 A. 2d | RAEN eat aah ee “ha Rie prsetce sl .6, 22 Commonwealth ex rel. Uveges, Appellant v. Ashe, 161 Pa. Sup. 58, 53 A. 2nd 894 fg es rea Commonwealth v. Weeks, 10D.&C.568 7 Commonwealth v. Werntz, 161 Pa. 591, 29 A. 272 (1894) 8 Frank vy. Mangum, 237 U. S. 309, 326, 35 S. Ct. 582. 59 RE tics ee OT PAE Are ry 20 INDEX Fa 4 PAGE Garland yv. Washington, 232 U- S. 642, 34 Sup. Ct. Rep. We CUE Sensis pocrieder ees ch fh e 2] mig, Te PO. WOR oe. te: 21 Maxwell v. Dow, 176 U. S. 581. 20 Sup. Ct. Rep. 448 Sion SOR Ee ERE een Lanterns 2] McNabb v. United States, 318 U. S. 332, 63 Sup. Ct. Rep. sgl ace on MEME TENET OPEN yh eI he 18 Pico v. U. S., 228 U. S. 225, 33 Sup, Ct. Rep. 482 (1913) 2] R. vs. Babiry, 2 Den. Cr.C. 405 ......).............. 26 Snyder v. Massachusetts, 291 U.S.97 .............. 6 Straudder v. West Virginia, 100 U.S. 303... 20 Turner, Petitioner v. The Commonwealth of Pennsvl- vania, 338 U.S. 62 (1949) 6) : 9, 13,24 Walker v. Sauvinet, 92 U.S. 90 20) STATUTES 1718, May 31 (1 Sm. L. 105. See. 4, 19 ©. &. 786) ...... 22 1869, April 20, P. L. 1187, Sec. 1 (58 P. S. 6858) 17 1869, April 20, P. L. 1187, Sec. 2 (53 P. S. 6859). 18 1907, March 22, P. L. 31, See. 1 (19 P. Fe | EA idee! 22 TEXTBOOKS AND MISCELLANEOUS Federal Rule of Criminal Procedure, No. 5(a) ........ 18 Underhill on Criminal Evidence, 2d ed., Sec. 132, page UE Geer arte CO TL Ne Pe Ay 28 INDEX PAGE Wigmore on Evidence 26 APPENDIX: Commonwealth's Exhibit (Testimony Take nat Hearing Before Magistrate Edward Wj lliams. June 8. 1946) le ia D. Lieutenant James Kelly 23 Jasper Johnson ................0.0 3a (Recalled ) 9a Clarence Lofton 7a (Recalled) ., Aaron Turney COPY BOUND CLOSE INC COUNTER STATEMENT OF THE CASE. About two days before Saturday, December 15, 1945, Aaron Turner, alias “Treetop,” reconnoitered or observed the premises of the Ace Broom Factory, at 355-57 North 2nd Street, in the City and County of Philadelphia, and then conspired with Jasper Johnson, alias James Jacksdn. alias “Fats,” alias “Playboy,” this appellant, and one Clarence Lofton, to commit a robbery. These three men went to the Ace Broom Company fac- tory about five o'clock on Saturday afternoon, December 15, 1945, and Aaron Turner, alias “Treetop.” was armed with a sashweight or pipe. Clarence Lofton stood outside and acted as the look-out. Aaron Turner entered the prem- ises with or just ahead of Jasper Johnson, appellant. As they entered they met Frank Enders, and Aaron Turner struck him in the head with the sashweight or pipe, knock- ing him to the floor, causing injuries from which he died at the Hahnemann Hospital two days later, December 17, 1945. While he was lying on the floor of the front office of the Ace Broom Factory. Jasper Johnson. this appellant, went through his pockets and extracted therefrom about $175, The noise which had been occasioned by the killing of Enders caused Charles Simmons. the proprietor of the Ace Broom Factory, to run into the front room from the rear, and as he did so, Aaron Turner, alias “Treetop.” hit him with the sashweight or pipe, knocking him to the floor, and causing injuries from which he died in the Hahnemann Hospital seven days later, December 22, 1945. While Charles Simmons was lying upon the floor, Aaron Turner, alias “Treetop,” robbed him of an unknown sum estimated to be from one hundred to several hundreds of dollars. They thereupon ran out, joined the look-out. Clarence Lofton, and NTER a Wow ww COPY BOUND CLOSE IN CE. Commonwealth's Exhibit Clarence Lofton Direct—-Jasper Johnson Direct CLARENCE LOFTON , recalled j, BY MR. BURKE: Q. Will you tell his Honor how much you got out of this? A. About $87.00 is what he gave me. Q. That was given to vou by “Treetop” Turner? A. That's right. JASPER JOHNSON (recalled). BY MR. BURKE: Q. How much did you get? A. $50.00. Q. How much was in the wallet? A. I estimated about $175.00. I wasn't sure. Q. Whom did you get that from? A. The first white fellow in the building he slueged, | passed it to Treetop. MR. BURKE: Your Honor, I think a prima facie case of homicide, burglary and robbery has been established against these three defendants, and I'm going to ask that you hold all three without bail for the action of the Grand Jury. LIEUTENANT KELLY: I might add that there hac been a Coroner's inquest in this matter. at which time the _NTER DRE ee Omer eer, pO Ire m+ ee ~ STR PAP RI ERENCE gee 5 004 Deer nome lUa Commonwealth's Exhibit—Jasper Johnson —Direct finding was that the deaths resulted at the hands of a person or persons unknown. MR. BURKE: I think, your Honor, that these members of the Detective Division are to be commended for a very fine piece of detective work in cleaning up this mysterious murder. They ought to be commended for it, and I would like to go on record as saving it. THE COURT: I think the same way. Without bail for Court. | hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this a correct tran- script of the same. (Sgd.) DAVID F. HOULIHAN, JR. Stenographer. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385610_0440%3A1. Public record. Not legal advice.