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COMMONWEALTH v. FISHER (06/15/60)

June 15, 1960

COMMONWEALTH
v.
FISHER, APPELLANT.



Appeal, No. 41, Oct. T., 1960, from judgment of Court of Quarter Sessions of Berks County, June T., 1958, No. 16, in case of Commonwealth of Pennsylvania v. Harold F. Fisher. Judgment affirmed.

COUNSEL

James M. Potter, with him Liever, Hyman & Potter, 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 289]

OPINION BY RHODES, P.J.

This is an appeal by defendant from judgment of sentence after having been found guilty by a jury in the Court of Quarter Sessions of Berks County on a charge of unlawfully managing a lottery.*fn1

At the trial defendant's demurrer to the Commonwealth's evidence was overruled and a point for binding

[ 192 Pa. Super. Page 290]

    instructions was refused. Defendant did not testify and he produced no evidence in his own behalf.

Defendant's motions for a new trial and in arrest of judgment were dismissed, and defendant was sentenced to pay a fine of $350, to pay the costs of prosecution, and to undergo imprisonment in the Berks County Prison for a term of not less than one month nor more than twelve months.

Defendant questions the sufficiency of the evidence to support the conviction. In the alternative he raises the question of his right to a new trial because of alleged trial errors. The evidence, considered in the light most favorable to the Commonwealth (Com. v. Mitchell, 181 Pa. Superior Ct. 225, 227, 124 A.2d 407), shows the following:

On February 27, 1958, several members of the state police, armed with a search warrant, entered a private residence in Rehrersburg, Berks County, which was identified, without objection, as the premises of Harold F. Fisher, the defendant. Prior to entering, the police had the premises under surveillance from 10 a.m. to 7 p.m. on that day. During this time no one was observed entering or leaving the premises. There was no evidence to indicate that anyone was on the premises when the police entered. About 1:30 p.m., one Devlin Dormer, Jr., entered ...


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