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COMMONWEALTH v. ROGERS ET AL. (09/16/58)

September 16, 1958

COMMONWEALTH
v.
ROGERS ET AL., APPELLANTS.



Appeals, Nos. 6 to 12, inclusive, March T., 1959, from judgments of Court of Quarter Sessions of Dauphin County, Jan. T., 1957, No. 217, in case of Commonwealth of Pennsylvania v. Donald Burkert et al. Judgments affirmed.

COUNSEL

David S. Kohn, with him Warren G. Morgan, for appellant.

Frank McGuigan, for appellant.

Eugene Nogi, with him Russell J. O'Malley, Bernard Rothman, and Nogi, O'Malley & Harris, and Handler & Rosenberg, for appellant.

Huette F. Dowling, District Attorney, with him Charles J. Ware and Alfred P. Filippone, Special Assistant Attorneys General, and Thomas D. McBride, Attorney General, for Commonwealth, appellee.

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

Author: Rhodes

[ 187 Pa. Super. Page 473]

OPINION BY RHODES, P.J.

Thirteen defendants*fn1 were indicted in the Court of Quarter Sessions of Dauphin County for conspiracy to cheat and defraud the Pennsylvania Turnpike Commission, an instrumentality of the Commonwealth of Pennsylvania. Prior to trial four of the defendants*fn2

[ 187 Pa. Super. Page 474]

    entered pleas of guilty; another defendant*fn3 was seriously ill and could not appear, and his case was continued. The remaining eight defendants*fn4 pleaded not guilty, and were convicted after trial before a jury. Each filed motions in arrest of judgment and for a new trial which were overruled by the court below, and sentence was imposed. Subsequently one of the defendants, Walter G. Ketas (also known as Walter J. Ketas) withdrew his motions and presented himself for sentence. Seven defendants have appealed to this Court.

Each appellant has questioned the jurisdiction of the Court of Quarter Sessions of Dauphin County to try the offense charged in the indictment. Two of the appellants, Donald Burkert and Evan Moses, also contend that the evidence was insufficient to sustain their convictions. No other question has been raised on appeal.

On February 28, 1955, the Pennsylvania Turnpike Commission entered into a contract with Manu-Mine Research and Development Company relating to certain phases of the construction of the Northeastern Extension of the Pennsylvania Turnpike. Subsequently, on August 10, 1955, the commission, at Harrisburg, entered into a contract with Joseph Rogers and Amos Rogers, trading as Rogers Construction Company, for the slushing of mine areas on the turnpike in the vicinity of Scranton, Lackawanna County. Another contract, dated August 29, 1955, executed at Harrisburg, provided for the slushing of mine areas by the Rogers Construction Company along the line of the Northeastern

[ 187 Pa. Super. Page 475]

Extension also in the vicinity of Scranton. Under these two contracts Rogers Construction Company was to furnish an estimated 716,742 tons of silt and 563,130 tons of sand at $1.71 and $1.81 per ton, respectively. These materials were obtained from nearby sources and hauled in trucks by the Rogers Construction Company to boreholes drilled by Manu-Mine. At the boreholes the truck loads of silt and sand were slushed through a pipe and used to fill the mined-out areas under the proposed turnpike extension. The work was to be performed under the supervision of Manu-Mine Research and Development Company. Manu-Mine maintained inspectors who checked the material at the loading points and at the boreholes where the material was deposited. Weight or delivery slips were issued by Manu-Mine inspectors at the loading point in the form of an original and four copies. Of the five slips one copy was retained by the ...


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