Commonwealth v. Tunstall

Opinion by

Rhodes, P. J.,

This is au appeal by defendant from conviction and sentence on an indictment charging him with being engaged in or maintaining an illegal lottery. Having waived a jury trial, appellant was tried and found guilty before President Judge Charles Klein, of the Orphans’ Court of Philadelphia County, specially sitting in the Court of Quarter Sessions of Philadelphia County. On appeal appellant asserts the trial judge erred in refusing his motions for new trial and in arrest of judgment.

The Commonwealth’s evidence showed that police officers observed appellant seated in his…