Commonwealth v. Hall

Opinion by

Hirt, J.,

The present appellants, with George W. Mayo, were charged with conspiring with each other “to erect, set up, open, make or draw a lottery”. They along with Mayo were convicted by a jury and were sentenced. In each of these appeals it is contended that the evidence is insufficient to sustain the conviction. The charge of conspiracy relates to a numbers lottery within the provision of §601 of The Penal Code of June 24, 1939, P. L. 872, 18 PS §4601.

A confederation and agreement to effect an unlawful object seldom can be established by direct testimony as to its precise terms.…