COMMONWEALTH v. O'LEARY


168 Pa.Super. 569 (1951)

Commonwealth v. O'Leary, Appellant.

Superior Court of Pennsylvania.

April 10, 1951.


Attorney(s) appearing for the Case

Samuel Goldstein, with him Vincent M. Casey and Casey, Power & Savage, for appellant, in No. 128.

Clyde A. Armstrong, with him J. Roland Johnston, and Thorp, Bostwick, Reed & Armstrong, for appellant, in No. 129.

Ralph B. Umsted, Deputy Attorney General, with him Loran L. Lewis, Assistant District Attorney and Charles J. Margiotti, Attorney General, for appellee.

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


OPINION BY ROSS, J., April 10, 1951:

The appellants, A.J. O'Leary and N.P. Kann, and E.J. Kann, were indicted for wilfully subscribing, as officers, to a false annual statement of an insurance company. The case against E.J. Kann was nolle prossed, the appellants were convicted, and after motions in arrest of judgment and new trial were refused, they took separate appeals to this Court. The appeals were argued together, the issues are identical, so the appeals will...

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