Commonwealth v. Brown

Opinion by

Montgomery, J.,

Appellee (defendant) was charged with the crimes of malicious mischief, fraudulent conversion, and larceny by bailee, all arising out of an agreement between him and Charles Budman, the private prosecutor, to buy certain real estate in the City of Philadelphia equipped in part as a restaurant. The agreement was not carried out by defendant, although he assumed possession. Later he vacated the premises and without the consent of Mr. Budman removed the restaurant equipment, of the value of $140, as found by the lower court.

Defendant waived trial by jury and the matter…