Commonwealth v. Mattera

Opinion by

Keller, P. J.,

This appeal was submitted on briefs without argument. The motion for a new trial was not argued in the court below, nor was any brief in support of it furnished that court. That fact does not bar an appeal to this court; but it is a circumstance not without significance.

Appellant was indicted, tried and convicted on charges of (1) setting up, and (2) being concerned in the conducting and carrying on, of a form of illegal lottery, known as the 'numbers game’. See Com. v. Banks, 98 Pa. Superior Ct. 432.

He bases his claim to a reversal of the judgment on our decisions in…