Commonwealth v. Rupp

Kennedy, J.,

Defendant, Howard J. Rupp, was arrested on February 21, 1941, in the Borough of Brackenridge, and held for court on the charge of possession and attempted sale of contra*303ceptives, namely condoms. Said defendant waived a formal'bill of indictment and also a trial by a jury. Evidence was taken on behalf of the Commonwealth and then defendant, by his counsel, demurred to the evidence, pursuant to the Act of June 5, 1937, P. L. 1703. There was no reporter at the trial and therefore the assistant district attorney and counsel for defendant agreed in writing to the facts proven by the…