Appeal, No. 327, Oct. T., 1960, from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1959, No. 1151, in case of Commonwealth v. Harold Friedman. Judgment affirmed.
Thomas D. McBride, with him Michael von Moschzisker, Victor Wright, and McBride, von Moschzisker & Bradley, for appellant.
Arlen Specter, Assistant District Attorney, with him Domenick Vitullo, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Before Rhodes, P.j., Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (gunther, J., absent).
[ 193 Pa. Super. Page 641]
This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Philadelphia County
[ 193 Pa. Super. Page 642]
by Harold Friedman, the defendant-appellant, after conviction of bribery and from the denial by the said court of motions in arrest of judgment and for a new trial.
Friedman was indicted for the statutory crime of bribery in an athletic contest as set forth in the Act of July 19, 1951, P.L. 1071, 18 PS § 4614, which reads as follows: "Whoever gives or promises or offers, ... to anyone who participates or expects to participate in any professional or amateur game ... any bribe or money ... with intent to influence him ... to lose or cause to be lost any game ... or to fix or throw any game ... is guilty of a misdemeanor ..."
Humberto Robinson, was a member of the Philadelphia National League Baseball Club, the Phillies, and was a pitcher for that club. He had been assigned to pitch the second game of a twilight doubleheader scheduled for Tuesday, September 22, 1959, between the Phillies and the Cincinnati Reds. On Monday evening, September 21, 1959, he was sitting in a booth in the Rittenhouse Hotel restaurant drinking beer with a man and two women, one of whom was Mrs. Dolores Drassel. Robinson testified that Friedman came to his booth and asked him to come to the lobby of the hotel; that he had known Friedman for some years; that they went to the lobby of the hotel where Friedman asked him it he was going to pitch the next day; that he said, "I want to put some money on the game", and offered him $1500; that he refused the offer, saying, "I don't want your money, I don't want to talk about it"; that he returned to the booth in the restaurant and told Mrs. Drassel what had happened and that he went to a booth in the rear of the restaurant and started to cry; that the following morning Friedman came to his hotel room in the Rittenhouse hotel and offered to give him $1500 if he would lose the game; that he again repeated that he did not want the money; that Friedman
[ 193 Pa. Super. Page 643]
then placed an estimated two or three hundred dollars on the washstand; that he told Friedman to "Come and take it back, I don't want it"; that on the same evening he was the victim of a theft of his money concerning which he made a complaint to the police; that he went to the ball game and told his friend Reuben Gomez, also a pitcher on the Phillies club that Friedman had offered him money to lose the game; that he pitched and won the game; that he conferred with Edwin M. Sawyer, manager of the Phillies, Charles Meister, ...