Appeal, No. 161, Oct. T., 1963, from judgment of Court of Quarter Sessions of Adams County, Aug. T., 1962, No. 94, in case of Commonwealth of Pennsylvania v. James A. Conners. Judgment affirmed.
Marian Schwalm Furman, with her Irwin Albert, for appellant.
Daniel E. Teeter, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 201 Pa. Super. Page 501]
This is an appeal by James A. Conners from a conviction by a jury on an indictment charging him with cheating by false pretenses, a felony under section 836*fn1 of The Penal Code of June 24, 1939, P.L. 872, as amended, 18 PS § 4836. He was tried at the same time on another indictment also charging cheating by false pretenses on which the jury returned a verdict of not guilty.
[ 201 Pa. Super. Page 502]
The jury found defendant guilty but recommended leniency. Defendant received a suspended sentence on condition that he pay $350 to the County of Adams and the costs of prosecution. Defendant was also placed on probation for a period of three months on condition that the sum and the costs be paid within that time.
Motions in arrest of judgment and for a new trial were filed on behalf of defendant and denied by the court below.
The issues presented on this appeal are (1) whether the evidence was sufficient to permit a jury to find that the defendant had made the false statement of which he was accused; and (2) whether there was evidence that the false statement ascribed to defendant was calculated to cheat and defraud the prosecutor.
Viewed in the light of the jury's verdict in favor of the Commonwealth, the evidence establishes the following: Defendant resides in Cumberland County and for some time has been engaged in the business of selling advertisements for telephone book covers which he distributes to telephone subscribers within a designated area. He frankly admits that he is in competition with the telephone company in its yellow page advertising, and that, whereas the telephone company uses the slogan, "Find it Fast," he uses the slogan "Find it Faster." The telephone company has adopted a regulation which it has duly filed with the Public Utility Commission prohibiting the attachment of any covers or binders to its telephone directories, and on the back of its directory it has printed the words, "No covers or binders may be attached to this directory."
On October 11, 1960, defendant solicited an advertisement from Alford L. Shull, the prosecutor. After approximately four hours of conversation between Mr. and Mrs. Shull and defendant, Mr. Shull contracted for an advertisement in the ...