Commonwealth of Pa. v. Kolsky

Opinion by

Gawthrop, J.,

Defendant was indicted with four other persons for conspiracy to cheat and defraud the Denckla Building and Loan Association out of $10,000 in a transaction whereby the association was induced to make a second mortgage loan in that sum on a property located in the City of Philadelphia. At the conclusion of the Commonwealth’s evidence and after it closed its case, defendant entered a general demurrer to the evidence. The Commonwealth did not formally join in the demurrer, nor refuse to do so, as it might have done, and insist on a jury trial (Com. v. Smith, 97 Pa.…