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Keywords

defendantstatutetrialmotionstatute of limitationsinterrogationpiracy

statuteappealtrialwillstatute of limitationsappellantpiracy

Related Cases

Com. v. Eackles, 286 Pa.Super. 146, 428 A.2d 614

Facts

Vernard Eackles, employed as assistant director of the House of Culture, conspired with another employee to create false employment records, leading to the issuance of fraudulent paychecks. Eackles was arrested on November 30, 1977, and after being advised of his rights, he voluntarily provided a statement to police after several hours of interrogation. The trial court found his confession to be voluntary and ruled against his motion for a continuance before trial.

Vernard Eackles, a/k/a Vernard Echols, was found guilty of thirty-eight counts of forgery, thirty-one counts of theft by unlawful taking, and one count of conspiracy arising out of a scheme to defraud the Allegheny County Department of Manpower.

Issue

Did the trial court err in determining that the defendant's statement was voluntary, in denying a motion for a continuance, and in its interpretation of the statute of limitations regarding theft by unlawful taking?

The most difficult issue which we are called upon to decide is the statute of limitations issue raised by the Commonwealth's appeal from the arrest of judgment on the convictions for theft by unlawful taking.

Rule

A confession must be given free of coercion, and the totality of circumstances must be considered to determine voluntariness. The statute of limitations for theft by unlawful taking is two years, and fraud is not a material element of this offense.

A prosecution for theft, however, must be commenced within two years after it has been committed.

Analysis

The court found that Eackles' statement was made voluntarily, as he was in good physical condition and had been advised of his rights. The court also determined that the trial court did not abuse its discretion in denying the continuance, as Eackles had sufficient time to prepare for trial. Furthermore, the court ruled that the theft was complete without the need to prove fraud, thus the statute of limitations was not tolled.

When the totality of the circumstances is considered in the instant case, the voluntariness of appellant's statement becomes apparent.

Conclusion

The court affirmed the convictions for forgery and conspiracy while arresting judgment on the theft by unlawful taking charges, concluding that the prosecution was not timely.

The order arresting judgment on the convictions for theft by unlawful taking and the judgment of sentence imposed for convictions of forgery and conspiracy are affirmed.

Who won?

The Commonwealth prevailed in the case, as the court upheld the convictions for forgery and conspiracy, finding no errors in the trial court's decisions.

We find no error and, therefore, will affirm the several actions of the learned trial court.

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People v. Hernandez, 33 Cal.4th 1040, 94 P.3d 1080, 16 Cal.Rptr.3d 880, 04 Cal. Daily Op. Serv. 7212, 2004 Daily Journal D.A.R. 9739

Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859

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