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COMMONWEALTH v. BURKERT ET AL.

80 Pa. D. & C. 215 (1951)

Commonwealth v. Burkert et al.

Common Pleas Court of Luzerne County, Pennsylvania.

March 31, 1951.

Attorney(s) appearing for the Case

Leon Schwartz, district attorney and Mitchell Jenkins, assistant district attorney, for Commonwealth.

Max Rosenn, for defendants.

PINOLA, J., March 31, 1951.

Defendants, who are charged with conspiring to conduct and carry on a lottery, have moved to quash the indictment because: (1) The list of jurors for the year 1950 was not properly filed, and (2) the indictment is defective since it fails to set forth that the lottery was to be conducted in Luzerne County.

The indictment charges that they "at the County aforesaid and within the jurisdiction of this court, did conspire together to...

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