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COMMONWEALTH v. GRAHAM ET AL. (06/15/60)

June 15, 1960

COMMONWEALTH
v.
GRAHAM ET AL., APPELLANTS.



Appeals, Nos. 38 and 43, Oct. T., 1960, from judgments of Court of Quarter Sessions of Berks County, Sept. T., 1958, No. 32, in case of Commonwealth of Pennsylvania v. Earl Graham et al. Judgments affirmed.

COUNSEL

James M. Potter, with him Liever, Hyman & Potter, for appellant.

Joseph E. DeSantis, with him McGavin, DeSantis & Koch, for appellant.

Peter F. Cianci, Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for Commonwealth, appellee.

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

Author: Rhodes

[ 192 Pa. Super. Page 294]

OPINION BY RHODES, P.J.,

Defendants were found guilty by a jury in the Court of Quarter Sessions of Berks County on an indictment charging that they did "unlawfully erect, set up, open, make or draw a certain lottery commonly known as 'Number Game,'" and endorsed "setting up lottery." The indictment was drawn under section 601 of The Penal Code of June 24, 1939, P.L. 872, 18 PS ยง 4601.

Defendants' motions for a new trial and in arrest of judgment were refused.

Each defendant was sentenced to pay a fine of $350 to the Commonwealth for the use of the County of Berks, to pay the costs of the prosecution, and to undergo an imprisonment in the Berks County Prison for a period of not less than three months nor more than one year.

These appeals are from the judgments of sentence.

The question presented is the sufficiency of the evidence to sustain the respective convictions. Defendants did not testify and they presented no evidence in their defense. The evidence establishes beyond a reasonable doubt the guilt of each defendant of setting up a lottery*fn1 and shows the following facts:

On May 15, 1958, about 2 p.m., four members of the state police, armed with a search warrant, entered the house of defendant Graham at 510 Maple Street, in the City of ...


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