COMMONWEALTH v. EVANCHO


175 Pa.Super. 225 (1954)

Commonwealth v. Evancho, Appellant.

Superior Court of Pennsylvania.

March 16, 1954.


Attorney(s) appearing for the Case

A.H. Rosenberg, with him Rosenberg & Rosenberg, for appellants.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney and Leonard C. Staisey, Assistant District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.


OPINION BY WOODSIDE, J., March 16, 1954:

This comes before us on appeal from the lower court's refusal to grant a new trial to the appellants who were found guilty by a jury of robbery and assault and battery.

The pertinent facts established by the Commonwealth's testimony disclose that on the evening of December 24, 1951, at about 8 o'clock, John Revtai visited a tavern owned by Frank Magnelli, who that evening introduced him to the defendants. After drinking...

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