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COMMONWEALTH v. BYKOWSKI

429 Pa. 406 (1968)

Commonwealth v. Bykowski, Appellant.

Supreme Court of Pennsylvania.

Order affirmed January 18, 1968.

Reargued March 12, 1968.

Reargument granted February 20, 1968.

April 16, 1968.

Attorney(s) appearing for the Case

Martin M. Sheinman, with him Hubert I. Teitelbaum, and Morris, Safier & Teitelbaum, for appellants.

Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

Order affirmed by an equally divided Court, January 18, 1968.

OPINION BY MR. JUSTICE ROBERTS, April 16, 1968:

Appellants, Raymond Bykowski and Walter Rachuba, were convicted by a jury in Allegheny County of operating a lottery and conspiracy to operate a lottery. Post-trial motions in arrest of judgment and for a new trial were dismissed and sentence imposed. An appeal followed to the Superior Court which, with two...

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