Commonwealth v. Fosco

Opinion by

Woodside, J.,

Theodore Fosco and George Sundermeir were indicted for together feloniously assaulting Harry Mertz with intent to rob, for assault and battery, and for conspiring to rob.1 They were tried separately. Sundermeir was acquitted of the charges of assault and battery and conspiracy and pleaded guilty to robbery. Fosco, the appellant in this case, was tried twice, the jury disagreeing at the first trial. At the second trial he was convicted on all three charges and sentenced to the Philadelphia County prison for a term of two to ten years.

Fosco appealed to this Court after…