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COMMONWEALTH v. GRAHAM et al.

192 Pa.Super. 293 (1960)

Commonwealth v. Graham et al., Appellants.

Superior Court of Pennsylvania.

June 15, 1960.

Attorney(s) appearing for the Case

James M. Potter, with him Liever, Hyman & Potter, for appellant.

Joseph E. DeSantis, with him McGavin, DeSantis & Koch, for appellant.

Peter F. Cianci, Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for Commonwealth, appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

OPINION BY RHODES, P.J., June 15, 1960:

Defendants were found guilty by a jury in the Court of Quarter Sessions of Berks County on an indictment charging that they did "unlawfully erect, set up, open, make or draw a certain lottery commonly known as `Number Game,'" and endorsed "setting up lottery." The indictment was drawn under section 601 of The Penal Code of June 24, 1939, P.L. 872, 18 PS § 4601.

Defendants' motions for a new trial and in arrest of...

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