Commonwealth v. Bauer

Evans, P. J.,

— This matter is before the court under stipulation of the District Attorney of Erie County and defendant and his attorney for trial without a jury. The facts are also stipulated. In accordance with said stipulation, we make the following

Findings of fact

1. Rudolph Bauer, defendant, and his wife, Joan Bauer, are owners of 2819 Wayne Street, a two-family fiat, in the City of Erie, and have been since prior to September 1, 1945. As such they have occupied the first floor apartment for some period prior to that date and up to the present.

2. Defendant landlord and his wife rented the…