Commonwealth v. Viscosky

Opinion by

Keller, J.,

Appellants were jointly charged with having maliciously destroyed a railroad bridge belonging to the Baltimore & Ohio Railroad Company. The indictment contained two counts; the first charging a felony under the Act of May 9, 1913, P. L. 186; the second a misdemeanor under the Act of March 31, 1860, P. L. 382, pi. 147. They were convicted on both counts, but sentenced on only the first. Sentence on the second count was suspended, and the assignment as to that count need not be considered: Com. v. Mellon, 81 Pa. Superior Ct. 20, 22.

The bridge was blown np by the use of an…