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COMMONWEALTH v. FABRIZIO

197 Pa.Super. 45 (1961)

Commonwealth, Appellant, v. Fabrizio.

Superior Court of Pennsylvania.

December 15, 1961.

Attorney(s) appearing for the Case

Solomon Lubin, Assistant District Attorney, with him Vincent M. Quinn, First Assistant District Attorney, Stephen A. Teller, District Attorney, Luzerne County, and Andrew Herster, District Attorney, Northampton County, for appellant.

Thomas F. Burke, with him Arthur A. Maguire, and B. Todd Maguire, for appellees.

Before ERVIN, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., and WRIGHT, J., absent).

OPINION BY WATKINS, J., December 15, 1961:

These appeals are by the Commonwealth of Pennsylvania from the order of the Court of Quarter Sessions of Northampton County granting the defendants appellees motions in arrest of judgment after their conviction by a jury of the charge of conspiracy in violation of § 302 of the Act of June 24, 1939, P.L. 872, 18 PS 4302.

On January 22, 1959, twelve men, ten of whom were employees of the Knox Coal Company, and...

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