Commonwealth v. Strauss

LIPPINCOTT, J.,

Defendant was convicted of cheating by false pretenses1 following a trial before a judge without a jury. His motion in arrest of judgment is now before the court en banc for disposition following argument and submission of briefs.

Viewing the evidence in the light most favorable to the Commonwealth,2 it appears that defendant and an associate entered into a written contract with the prosecutrix and her husband on September 19, 1970, to *739install a number of new replacement windows in her home. The total price was to be $1,035, including materials and supplies, and prosecutrix was…