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COMMONWEALTH v. GROSS

172 Pa.Super. 85 (1952)

Commonwealth, Appellant, v. Gross.

Superior Court of Pennsylvania.

November 12, 1952.

Attorney(s) appearing for the Case

Kennedy Smith, Assistant Deputy Attorney General, with him Earle T. Adair, Henry S. Moore, Special Deputy Attorneys General, and Robert E. Woodside, Attorney General, for appellant.

James P. McArdle, with him Paul J. McArdle, for appellees.

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

OPINION BY RENO, J., November 12, 1952:

An indictment charging Howard Gross, an employe of the City of Pittsburgh, with misdemeanors in office and fraudulent conversion of labor, time, materials, and supplies of the City was quashed by the court below, and the Commonwealth appealed to No. 98 April Term, 1952. Another indictment charging Gross, George Manko and Thomas Kilgallen with conspiracy to defraud the City was quashed as to Gross and Manko,

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