Commonwealth v. Freeman

POPOVICH, Judge:

This is an appeal from the Judgment of Sentence imposed upon appellant, Walter Edward Freeman, for violating 18 Pa.C.S.A. § 5512 (Lotteries, etc.) and 18 Pa.C.S.A. § 5513 (Gambling devices, gambling, etc.)1 by Judge Melvin G. *105Levy of the Court of Common Pleas of Delaware County. We reverse.

Viewing the evidence presented to the court below in a light most favorable to the Commonwealth, the verdict winner, Commonwealth v. Coe, 226 Pa.Super. 594, 323 A.2d 213 (1974), the following facts were established: At approximately 3:00 p.m. on the 12th of November, 1980, Pennsylvania State…