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COMMONWEALTH v. FOSCO

182 Pa.Super. 326 (1956)

Commonwealth v. Fosco, Appellant.

Superior Court of Pennsylvania.

November 13, 1956.

Attorney(s) appearing for the Case

William Cohen, for appellant.

Thomas M. Reed, Assistant District Attorney, with him Thomas Shiomos, and Jerome B. Apfel, Assistant District Attorneys, James N. Lafferty, Deputy District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ. (HIRT, J., absent).

OPINION BY WOODSIDE, J., November 13, 1956:

Theodore Fosco and George Sundermeir were indicted for together feloniously assaulting Harry Mertz with intent to rob, for assault and battery, and for conspiring to rob.1 They were tried separately. Sundermeir was acquitted of the charges of assault and battery and conspiracy and pleaded guilty to robbery. Fosco, the appellant in this case, was tried twice, the jury disagreeing at the first...

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