Commonwealth v. Magliarditi

Opinion by

Rhodes, J.,

Defendant was convicted of robbery. He moved for a new trial and for arrest of judgment. Both motions were dismissed and sentence was imposed. This appeal is from the judgment.

Defendant and one Fred W. Dey engaged in a crap game. Dey was the winner, and defendant asked him for some money which the latter refused to give him. Defendant said: “I will take it away from you.” Defendant thereupon threw Dey to the floor and grabbed him by the throat, saying, “I will choke you.” Defendant took $1,165 from Dey’s pocket, and refused to return it.

The facts established by the…