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COMMONWEALTH v. MICKERE (07/17/56)

July 17, 1956

COMMONWEALTH
v.
MICKERE, APPELLANT.



Appeal, No. 10, Feb. T., 1956, from judgment of Court of Quarter Sessions of Lackawanna County, April T., 1955, No. 6, in case of Commonwealth v. William Mickere. Judgment affirmed.

COUNSEL

Henry M. Biglan, for appellant.

Thomas J. Foley, Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.

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

Author: Gunther

[ 181 Pa. Super. Page 200]

OPINION BY GUNTHER, J.

William Mickere, defendant in this appeal, was convicted on five separate charges of violating section 801 of the Pennsylvania Unemployment Compensation Law, 43 PS ยง 871, which reads as follows:

"Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any compensation or other payment under this act ... either for himself or for any other person, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than twenty nor more than fifty dollars, or

[ 181 Pa. Super. Page 201]

    shall be sentenced to imprisonment for not longer than thirty days, or both, and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense."

The evidence reveals that defendant was separated from his employment as a steward at a Veterans of Foreign Wars Home in March, 1952. He thereafter filed for unemployment compensation by signing and filing a required application which contained, among others, two questions pertinent to this appeal. The questions asked and the answers given in the application were:

(a) "Have you worked since you last ...


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