COMMONWEALTH v. WADLEY


169 Pa.Super. 490 (1951)

Commonwealth v. Wadley, Appellant.

Superior Court of Pennsylvania.

September 26, 1951.


Attorney(s) appearing for the Case

Herman I. Pollock, with him Joseph Alessandroni, Jr., and Francis E. Marshall, for appellant.

Charles C. Gordon, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY RENO, J., September 26, 1951:

As to one phase of this case, the Commonwealth has confessed error, and the question is: Was it reversible error?

Through an unprecedented concatenation of strange errors appellant was convicted of mayhem, a crime for which he had not been indicted. To No. 333 January Sessions, 1951, appellant was indicted for burglary with intent to commit a felony, i.e., rape; to No. 334, malicious mischief; and to No. 335, aggravated...

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