OPINION BY MR. JUSTICE O'BRIEN, December 19, 1972:
Appellant, together with a co-defendant, was charged with operating a lottery and conspiracy to do an unlawful act. Appellant and his alleged co-conspirator waived trial by jury and came to trial before a judge on February 17, 1970. At the conclusion of the Commonwealth's case in chief, counsel for the two Defendants demurred to the Commonwealth's evidence as it applied to appellant. At that point, a colloquy among...
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