Commonwealth v. PETROSKY

Opinion by

Rhodes, P. J.,

The defendants, Roland J. Sell, Charles E. Pait, and Prank J. Petrosky, were indicted in Dauphin *99County for cheating by fraudulent pretenses1 the Commonwealth of Pennsylvania, Department of Highways, of the sum of $4,757.29 in connection with the sale of cinders for use in Westmoreland County, and with conspiracy to defraud.2 The Commonwealth contended that Petrosky obtained this sum of money in payment for 3034.21 tons of cinders which he did not deliver, and that Sell and Fait, who were assistant superintendents in Westmoreland County for the Department of Highways,…