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COMMONWEALTH v. TOMAINO

168 Pa.Super. 505 (1951)

Commonwealth v. Tomaino, Appellant.

Superior Court of Pennsylvania.

March 21, 1951.

Attorney(s) appearing for the Case

Vincent M. Casey, with him Eugene Nogi, James E. O'Brien, Nogi, O'Malley & Harris and Casey, Power & Savage, for appellants.

William J. Kearney, Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.

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

OPINION BY GUNTHER, J., March 21, 1951:

Joseph S. Tomaino and Thomas Preno, appellants, were indicted on three counts: (1) willfully setting fire to a building; (2) causing the building to be burned; and (3) aiding, counselling and procuring the burning of the building. A jury returned verdicts as to both appellants as follows: "Guilty on the third count, having caused the fire to be set". Both defendants have appealed from the dismissal of their motions in arrest...

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