Appeals, Nos. 56 and 57, April T., 1959, from order of Court of Quarter Sessions of Allegheny County, April T., 1958, Nos. 331 and 332, in case of Commonwealth of Pennsylvania v. Frank Parrotto. Order reversed.
William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for appellant.
Louis C. Glasso, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 189 Pa. Super. Page 417]
This is an appeal by the District Attorney of Allegheny County from the order of the Court of Quarter Sessions of that county arresting judgment and discharging the defendant after a verdict of guilty by a jury.
Frank Parrotto was indicted in Allegheny County at the March Session 1958 on ten counts of bribery and ten counts of corrupt solicitation, alleged to have occurred between January 2, 1957 and January 25, 1958. At the April Session 1958 two additional indictments were found against him, one containing a count of bribery and corrupt solicitation alleged to have occurred on September 25, 1956, and a second count of the same offense alleged to have occurred on November 28, 1956, and the other indictment charging him with violation of the law against lottery on January 25, 1958, and at other times before and after said date.
The cases were consolidated for trial. The jury acquitted the defendant on the indictment found at the March Session, but found him guilty on the two indictments found at the April Session. The defendant made motions for a new trial and in arrest of judgment and both were argued before the court below. In an opinion by Judge WEINER, specially presiding, the court entered an order arresting the judgment and discharging the defendant on the ground that the verdicts were inconsistent, which required the discharge of the defendant. No disposition was made of the motion for a new trial.
Since the Act of June 15, 1951, P.L. 585, 19 PS § 871, the court may arrest judgment not only where there is error appearing on the face of the record but also where, after an examination of the entire record, it appears to the court that the evidence was insufficient to sustain the conviction.
[ 189 Pa. Super. Page 418]
An examination of the entire record leaves no doubt that the evidence was sufficient to sustain the charge. The defendant admitted that he had set up a lottery and that he had paid the police officer for protection. His defense was entrapment.
The Commonwealth presented evidence that following a telephone conversation the defendant saw John B. James, a Pittsburgh police officer at the latter's flower store in Dormont on September 25, 1956, gave him $200, said he was in the lottery business, gave him a list of the places which were not to be raided, and promised to pay the officer $200 per month. The officer testified that on November 28, 1956, the defendant again gave him $200 at his flower shop in Dormont. He also testified that later, on 10 different occasions, he met the defendant on the ...