Appeals, Nos. 241 and 242, April T., 1962, from judgment of Court of Quarter Sessions of Beaver county, Aug. T., 1961, No. 22, in case of Commonwealth of Pennsylvania V. Dante Bufalini et ux. Judgment affirmed.
James B. Ceris, with him Samuel L. Goldstein, for appellants.
Richard P. Steward, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 200 Pa. Super. Page 87]
This is an appeal from the judgment of sentence of the Court of Quarter Sessions of Beaver County by Dante Bufalini and Elizabeth Bufalini, his wife, the defendants-appellants; and from the denial of their motions in arrest of judgment and for a new trial. They had been jointly indicted on two counts under the Act of June 24, 1939, P.L. 872, § 601, 18 PS § 4601: (1) for setting up and conducting a lottery; and (2) for being concerned in divers ways in the managing, conducting and carrying on of a lottery.
Dante was convicted on both counts; Elizabeth, on one count only, - in being concerned in the carrying on of a lottery. Dante was sentenced to pay the costs, a fine of $500 and to undergo imprisonment for not less than three months nor more than one year; Elizabeth was sentenced to pay a fine of $300 and undergo imprisonment for not less than one month nor more than one year.
The indictments grew out of a telephone call made to the Ambridge police department by a woman who said she was Elizabeth Bufalini, the appellant. She said that a man by the name of Alfred Maccaglia had been to her home and had pointed a gun at Dante Bufalini and threatened to kill him; that Maccaglia was at Guzan's tavern, at the corner of Ninth Street and Beaver Road and that her husband was on his way to that tavern. She said "please send the police up there
[ 200 Pa. Super. Page 88]
right away." When she came to the police station later, the appellant identified herself as the one who called the police.
In answer to the call, officers Katz and Klak went to Guzan's tavern in a patrol car. On the way the car was stopped by Maccaglia who told them he was being followed by two men in a car behind him and that they had guns. He further advised the officers that he had left his gun at Guzan's tavern and they later picked it up. The officers took Maccaglia and Dante and his brother, the occupants of the other car, with the guns, to the police station. He admitted he had pointed the gun at Dante. As a result of these circumstances Maccaglia was arrested for pointing deadly weapons and the lottery charges were brought against the Bufalinis. The cases were consolidated for trial with the consent of counsel.
The court below admitted into evidence written statements of the appellants, made at the police station, which read as follows: "I, Dante Bufalini of 1336 Highland Ave, Harmony Twp., do hereby make the following statement without any threats of promises and ...