Appeal from judgment of Court of Quarter Sessions of Lycoming County, Feb. T., 1964, No. 97, in case of Commonwealth v. Charles E. Green.
Daniel F. Knittle, for appellant.
Henry G. Hager, 3rd, District Attorney, for Commonwealth, appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Jacobs, J. Watkins and Hoffman, JJ., dissent.
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Appellant was elected sheriff of Lycoming County in 1959 for a term of four years and took office in January, 1960. He was re-elected for a second four year term beginning on the first Monday of January, 1964. During the last year of his first term the appellant as sheriff wrote false receipts signing the name "Clifford Phillips" to them and attached them to pay vouchers which he submitted to the county controller for payment,
[ 205 Pa. Super. Page 542]
received money thereon and kept the same for his own personal use. In addition he made other false receipts, made false duplications on a number of vouchers and receipts, and made other false entries on the vouchers with the design of obtaining additional overpayments to himself as sheriff which he also kept for his personal use. Appellant admits that he submitted the falsifed vouchers and receipts for the purpose of receiving overpayments by deceiving the county controller.
The name "Clifford Phillips" was signed to receipts purporting to be for money paid to Clifford Phillips by the appellant for services rendered as a special deputy sheriff. In fact, Phillips, a former deputy sheriff, rendered no service and was not paid the money received by the appellant who kept the funds for his own personal use. Twenty-eight counts of forgery and twenty counts of misdemeanor in office stem from these transactions.
In addition, the appellant had all his special deputies sign receipts in blank which he then filled in himself. On some of these a part of the money claimed by the appellant was actually paid to the deputy and the balance was kept by the appellant for his own personal use. The remainder of the receipts in evidence were filled in by the appellant and submitted to the controller for payment for services never rendered and the money received was also kept by the appellant for his own personal use. In addition to the false entries on the vouchers corresponding with the falsified receipts, the appellant further falsified the vouchers by entering items for meals for special deputies and prisoners being transported to various penal institutions. These entries were in excess of reimbursements to the deputies and frequently were for meals which never took place. All of this money was kept by the appellant for his own use. Eleven counts of cheating by
[ 205 Pa. Super. Page 543]
false pretenses and eleven counts of misdemeanor in office resulted from these transactions.
Thus appellant was indicted by the grand jury of Lycoming County on seventy counts. A demurrer to the eleven counts of cheating by false pretenses was sustained by the trial court on the basis that the crime requires an intent to cheat a person and that the indictments alleged that the intention of the appellant was to cheat ...