Commonwealth v. Kramer

Opinion by

Keller, J.,

In our opinion this order cannot be sustained under the evidence, and must be modified.

Taking the books of defendant’s employers, S. Kramer & Co., which were produced under the Commonwealth’s subpoena, in the light most unfavorable to the defendant, and with every intendment1 against him, we are unable to find that his salary, including both what he received in cash and what was credited to his account in the books was more than $70 a week. If he had any interest in the profits of the business, over and above his salary, it was at most a third, and the evidence failed to…