Appeal, No. 149, Oct. T., 1960, from judgment of Court of Quarter Sessions of the Peace of Philadelphia County, June T., 1959, No. 1528, in case of Commonwealth of Pennsylvania v. Gilbert D. Koritan. Judgment affirmed.
Leonard B. Gordon, for appellant.
Augustine J. Rieffel, Assistant District Attorney, with him Domenick Vitullo, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 193 Pa. Super. Page 214]
This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Philadelphia County against the defendant-appellant, Gilbert D. Koritan, on a conviction of the charge of false pretense.
Anthony J. Hettel, an eighty-six year old man, retained the appellant, a licensed real estate broker, to sell a lot for him. He sold the lot, received a two hundred dollar commission, and the proceeds of the sale, in the form of a check payable to Hettel, his principal, in the amount of $7035.33. The check was endorsed over to the appellant by Hettel, as a loan, upon the representation by the appellant that he was the owner of several parcels of real estate which would secure the loan upon the entry of a judgment note. He drove Hettel out to the sites and showed him through the properties he claimed he owned. The appellant prepared and filed a judgment note payable one day after date, with interest at six per cent. Hettel testified that the appellant told him it would be repaid in a few days.
The testimony of the appellant was to the effect that Hettel wanted to invest the money; that he offered to borrow it from him for a two-hundred dollar service charge and six per cent interest; that he intended to use the money to operate a day camp and would pay him back thirty days after the camp opened.
At the time of the transaction he did not own the properties which he showed Hettel so that the note in
[ 193 Pa. Super. Page 215]
fact was unsecured. It developed that one property was owned by himself and his wife and the other by his father. He denies that he told Hettel that he was the owner of his father's property, although he admits he showed him through this property.
The case was tried before Judge WEINROTT of the court below, without a jury, and he was adjudicated guilty of the crime of false pretense and sentenced to a term of not less than 3 months nor more than 23 months in the county prison. Although no formal motions were filed in arrest of judgment or for a new trial, the record shows the following colloquy between counsel and the court: "Mr. Gordon: I ask that your Honor defer sentence until I have an opportunity to file a motion. The Court: I will hear your motion right now. Mr. Gordon: You should have sustained my demurrer to the evidence. The ...