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COMMONWEALTH v. KEMPISTA

No. 9.

16 Pa. D. & C. 2d 570 (1958)

Commonwealth v. Kempista

Common Pleas Court of Philadelphia County, Pennsylvania.

December 19, 1958.

Attorney(s) appearing for the Case

Charles L. Durham, Assistant District Attorney, for Commonwealth.

Stanley B. Singer, for defendants.

Before Klein, P. J., specially presiding, Flood, P. J., and Shoyer, J., specially presiding.

SHOYER, J., December 19, 1958.

Defendants having been found guilty of setting up and maintaining an illegal lottery, now, for the first time, challenge the authority of the judge who tried them. Arraigned before President Judge Klein of the Orphans' Court of the first judicial district (Philadelphia), specially presiding over a court of quarter sessions of the peace in and for this county, they pleaded "not guilty" and waived trial by jury.

The Orphans' Court...

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