Commonwealth v. Moore

Opinion by

Gunther, J.,

This is an appeal from the judgment of sentence of the Quarter Sessions Court of Philadelphia County.

The defendant was arrested and charged with setting up and maintaining an illegal lottery. He was tried before Judge Bok without a jury under Section 601 of the Penal Code of 1939, which provides:

*540“. . . Whoever, either publicly or privately, erects, sets up, opens, makes, or draws any lottery, or is in any way concerned in the managing, conducting or carrying on the same, is guilty of a misdemeanor . . .” He was found guilty. Motions for a new trial and in arrest of…