Commonwealth v. Rogo
Superior Court of Pennsylvania
Appeal, No. 28, March T., 1918, by defendant, from judgment of Q. S. Lackawanna Co., Jan. Sess., 1917, No. 208, on a verdict of guilty in case of Commonwealth v. Omerigo Rogo. Indictment for perjury. Before Barber, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 28, March T., 1918, by defendant, from judgment of Q. S. Lackawanna Co., Jan. Sess., 1917, No. 208, on a verdict of guilty in case of Commonwealth v. Omerigo Rogo. Indictment for perjury. Before Barber, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendant appealed. The appellant’s statement of questions involved was as follows: “1. Evidence: In a charge of perjury, arising out of testimony given in a murder trial as to a conversation had with the deceased, is the testimony of…
1Opinion of the Court
Opinion by
Porter, J.,
The appellant was convicted in the court below of perjury, charged to have been committed at the trial, in the Court of Oyer and Terminer of Lackawanna County, of one Anthony Malinaro for the murder of Alfred Viola also known as Jim Malvase. The alleged perjury consisted of the testimony of the appellant that he had a conversation with Viola, the deceased, shortly after the latter had been wounded and was in a buggy in front of Rizzo’s hotel, that appellant, addressing the wounded man, said “What is the matter with you, Jim?” and that Viola replied, using a vile epithet,…
2Cases cited4 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- Williams v. CommonwealthSupreme Court of Pennsylvania · 1880
- Commonwealth v. BobanicSuperior Court of Pennsylvania · 1916
- Commonwealth v. SternSuperior Court of Pennsylvania · 1915
3Cited by10 opinions
- Commonwealth v. AnticoSuperior Court of Pennsylvania · 1941
- Commonwealth v. WeitkampSuperior Court of Pennsylvania · 1978
- Commonwealth v. BillingsleySuperior Court of Pennsylvania · 1946
- Commonwealth v. HainesSuperior Court of Pennsylvania · 1937
- Commonwealth v. BradleySuperior Court of Pennsylvania · 1933
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