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COMMONWEALTH v. BOMERSBACH

224 Pa.Super. 40 (1973)

Commonwealth v. Bomersbach, Appellant.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

Jerome T. Foerster, with him Smith, Fox, Roberts, Foerster & Finkelstein, for appellant.

William J. McDonald, Assistant District Attorney, with him Paul R. Mazzoni, District Attorney, submitted a brief, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION BY HOFFMAN, J., March 27, 1973:

Appellant contends that the lower court erred in failing to arrest judgment on the grounds that his demurrer to the Commonwealth's evidence should have been sustained in a prosecution for obtaining money by false pretenses.1 We agree, and reverse the lower court's refusal to arrest judgment.

The prosecution arose out of an investment plan proposed by appellant to the two complaining witnesses...

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