Commonwealth v. Fratto

Dissenting Opinion by

Cercone, J.:

The charges against Samuel Fratto grow out of gambling which occurred at Dino’s Bar on the evenings of March 17, 23 and 24, 1974. Fratto was arrested, tried by a jury, and convicted of violating subsections (a) (2), (3) and (4) of Section 5513 of the Crimes Code.1 Motions for a new trial and arrest of judgment were argued and denied and Fratto was sentenced to 6 to 12 months imprisonment and fined $1,500.00. Fratto now appeals to this court claiming that he was deprived of his right to a trial by a competent and impartial jury. The facts which give rise to…