Legal Opinion

Commonwealth v. Lewandowski

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 106PublishedCited by 9 opinions

Appeal, No. 106, April T., 1920, by defendants, from judgment of Q. S. Allegheny County, May Sessions, 1918, No. 285, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Anton Lewandowski, Peter Wicinski and Prank Breczinski. Indictment for conspiracy to cheat and defraud. Before Swearingen, J. The opinion of the Superior Court states the case. Verdict of guilty upon which judgment of sentence was passed. Defendants appealed.

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Appeal, No. 106, April T., 1920, by defendants, from judgment of Q. S. Allegheny County, May Sessions, 1918, No. 285, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Anton Lewandowski, Peter Wicinski and Prank Breczinski. Indictment for conspiracy to cheat and defraud. Before Swearingen, J. The opinion of the Superior Court states the case. Verdict of guilty upon which judgment of sentence was passed. Defendants appealed. At the trial the plaintiff presented the following points: 1. That under the pleadings and the law the verdict of the jury should be “not guilty.” 2.…

1Opinion of the Court

Opinion by

Trexler, J.,

The appellant, with two others, was charged with conspiracy to cheat and defraud. One of the defendants, Lewandowski, pleaded nolle contendere. The others were found guilty. The first two questions raised by the appellant may be considered together. They attack the sufficiency of the information and indictment. The indictment charges the crime in the language of the Act of March 31, 1860, section 128, P. L. 413. Section 11 of the Act of March 31, 1860, P. L. 433, provides “Every indictment shall be deemed and adjudged sufficient and good in law which charges the crime…

2Cases cited7 opinions

  1. Commonwealth v. McDermottSupreme Court of Pennsylvania · 1909
  2. Commonwealth v. MillerSuperior Court of Pennsylvania · 1897
  3. American Bank v. FelderSuperior Court of Pennsylvania · 1915
  4. Hazen v. CommonwealthSupreme Court of Pennsylvania · 1854
  5. Commonwealth v. HooperSuperior Court of Pennsylvania · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Commonwealth v. BillingsleySuperior Court of Pennsylvania · 1946
  2. Commonwealth v. PalarinoSuperior Court of Pennsylvania · 1951
  3. United States Ex Rel. Miller v. RundleDistrict Court, E.D. Pennsylvania · 1967
  4. Commonwealth v. PearlmanSuperior Court of Pennsylvania · 1936
  5. Commonwealth ex rel. Musser v. DaySuperior Court of Pennsylvania · 1956

4 more not listed; retrieve them via the Exa API.

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