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COMMONWEALTH v. KUTLE. (COMMONWEALTH V. KUTLE (04/14/53)

April 14, 1953

COMMONWEALTH
v.
KUTLE. (COMMONWEALTH V. KUTLE, APPELLANT.)



COUNSEL

Louis Wagner, Philadelphia, Stephen J. McEwen, Upper Darby, for appellant.

Ernest L. Green, Jr., Asst. Dist. Atty., Media, Joseph E. Pappano, First Asst. Dist. Atty., Chester, and Raymond R. Start, Dist. Atty., Media, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Gunther and Wright, JJ.

Author: Reno

[ 173 Pa. Super. Page 154]

RENO, Judge.

Appellant was convicted of book-making and setting up a gambling establishment, largely upon the testimony of a police officer. His motions in arrest of judgment and for a new trial asserted, for the first time,

[ 173 Pa. Super. Page 155]

    that he had been entrapped by the policeman. The court below denied the motions, and appellant reiterates the charge on appeal.

Without objection, the Commonwealth was allowed to show that, in response to complaints received by him, the district attorney initiated an investigation of appellant and his 'variety store'. State Policeman Todak was detailed for that purpose and testified that he visited appellant at his store, told him that he (Todak) had been informed that he could place a 'horse race bet' with appellant, who replied that he took bets and had 'connections'. Speaking of appellant, Todak testified: 'He told me that I was a total stranger to him and he would be crazy to take a bet from me.' Nevertheless, after some further conversation, appellant took 'two separate horse bets' on races to run that day, for which Todak paid $4, which appellant entered on a 'small pad.'

On cross-examination Todak testified:

'Q. Mr. Todak, didn't Kutler say that he doesn't take any bets? A. That is right, at least five or six times he told me that.

'Q. He told you that five or six times? A. That is right.

'Q. And then you said to him, 'Don't you play horses yourself?' and he said, 'Yes, I play my own ...


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