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COMMONWEALTH v. ROBERTSON. (07/21/55)

July 21, 1955

COMMONWEALTH, APPELLANT,
v.
ROBERTSON.



Appeal, No. 46, Oct. T., 1955, from decree of Court of Quarter Sessions of Montgoomery County, Nov. T., 1954, Nos. 155, 155-1 and 155-2, in case of Commonwealth of Pennsylvania v. Lewis Robertson. Order sustained as to Bills Nos. 155, 155-1; order reversed as to Bill No. 155-2.

COUNSEL

J. William Ditter, Jr., Assistant District Attorney, with him J. Stroud Weber, District Attorney, for appellant.

James R. Caiola, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 283]

OPINION BY WOODSIDE, J.

This is an appeal by the District Attorney from the arrest of judgment granted the defendant on three of the six charges on which a jury fund him guilty. He was indicted, tried and convicted on charges of:

1. (Bill No. 155) unlawful and felonious procurement of Ruth Lindenmuth as an inmate for a house of prostitution conducted by defendant at 801 Smith Street, Norristown, Pa.;

2. (Bill No. 155-1) knowingly and feloniously accepting, receiving, levying and appropriating certain sums of money, without consideration, from the proceeds of the earnings of Ruth Lindenmuth, a woman engaged in prostitution;

3. (Bill No. 155-2) unlawfully permitting a certain building owned and controlled by him, to be used for the purpose of prostitution and assignation;

4. (Bill No. 155-3) maintaining a disorderly house;

5. (Bill No. 155-4) sale of malt and brewed beverages for consumption upon the premises, without holding a license authorizing the sale of spiritous and vinous liquors, and permitting consumption of such beverages upon the premises occupied by the defendant; and

6. (Bill No. 155-5) offering liquor for sale and sale of liquor without holding a retail liquor license.

The court sentenced the defendant on the last three, but on the first three it granted his motion in arrest of the judgments on the ground that there was not sufficient evidence to sustain the convictions. See Act of June 15, 1951, P.L. 585, 19 PS ยง 871. The convictions on the last three charges ...


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