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COMMONWEALTH v. HANCOCK

177 Pa.Super. 585 (1955)

Commonwealth v. Hancock, Appellant.

Superior Court of Pennsylvania.

March 24, 1955.

Attorney(s) appearing for the Case

Nicholas J. D'Alessandro, with him Henry A. Torchia, for appellant.

H.F. Dowling, District Attorney, with him Richard D. Walker, Assistant District Attorney, for appellee.

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

OPINION BY HIRT, J., March 24, 1955:

The indictment in this case charged that the defendant by false pretense did "unlawfully and feloniously obtain from . . . Eston Klinger & Son Lumber Co., a certain amount of lumber of the value of $3,747.88. . . with intent to cheat and defraud . . ." The indictment charges a felony under § 836 of The Penal Code of June 24, 1939, P.L. 872, as amended, 18 PS § 4836. Following defendant's conviction his motions

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