COMMONWEALTH v. MITCHELL


234 Pa.Super. 21 (1975)

Commonwealth v. Mitchell, Appellant.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

Margaret H. Poswistilo, Assistant Public Defender, for appellant.

Salvador J. Salazar, Assistant District Attorney, and Charles H. Spaziani, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY SPAETH, J., March 31, 1975:

On June 26, 1973, appellant was convicted by a jury of cheating by false pretenses in violation of the Act of June 24, 1939, P.L. 872, § 836, as amended, 18 P.S. § 4836. On this appeal he contends that the evidence was insufficient, that the charge to the jury was unfair, and that there was a fatal variance between the allegations of the indictment and the proof.

On October 31, 1972, Pennsylvania State Trooper...

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