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COMMONWEALTH v. MOORE

180 Pa.Super. 538 (1955)

Commonwealth v. Moore, Appellant.

Superior Court of Pennsylvania.

November 16, 1955.

Attorney(s) appearing for the Case

Martin Vinikoor, with him Vinikoor & Criden, for appellant.

Christopher F. Edley, Assistant District Attorney, with him Victor Wright, Assistant District Attorney, Vincent G. Panati, First Assistant District Attorney, and Samuel Dash, District Attorney, for appellee.

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

OPINION BY GUNTHER, J., November 16, 1955:

This is an appeal from the judgment of sentence of the Quarter Sessions Court of Philadelphia County.

The defendant was arrested and charged with setting up and maintaining an illegal lottery. He was tried before Judge BOK without a jury under Section 601 of the Penal Code of 1939, which provides: ". . . Whoever, either publicly or privately, erects, sets up,...

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