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COMMONWEALTH v. MACKLEY

175 Pa.Super. 304 (1954)

Commonwealth v. Mackley, Appellant.

Superior Court of Pennsylvania.

April 15, 1954.

Attorney(s) appearing for the Case

Lemuel B. Schofield, with him Thomas M. Schubert, John S. Reynolds and David Kanner, for appellant.

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

Before HIRT, ROSS, WRIGHT and ERVIN, JJ.

OPINION BY HIRT, J., April 15, 1954:

Defendant, on November 25, 1953, was convicted on two bills of indictment charging him with being "concerned in the managing, conducting or carrying on" a lottery. On the same day, sentence on one of the convictions was suspended but was imposed on the other for a term of imprisonment of "not less than 3 Months nor more than 23 Months at separate and solitary confinement in the Philadelphia County Prison". Some time later the sentencing...

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