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COMMONWEALTH v. POLEY

173 Pa.Super. 331 (1953)

Commonwealth, Appellant, v. Poley.

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

Samuel Dash, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellant.

Jacob Kossman, for appellee.

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

OPINION BY RENO, J., July 14, 1953:

A county detective swore out an information before Magistrate Myers charging Poley, appellee, with setting up and maintaining an illegal lottery and conspiracy to set up and maintain the same. The warrant issued thereon was not served upon Poley and he was not actually or manually arrested. According to the statement of his counsel, Poley appeared voluntarily1 before the magistrate "at Magistrate's Court...

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