Commonwealth v. Bardoplh

Opinion by

Mr. Justice Maxey,

Bardolph, the appellant, and his co-defendant in the court below, Friedman, were convicted under Section 128 of the Criminal Code of March 31, 1860, P. L. 382 (18 P.S. sec. 2451) of conspiracy to cheat and defraud the Franklin Savings & Trust Company, of Pittsburgh, and they were sentenced to imprisonment of from one to two years. Defendants appealed unsuccessfully to the Superior Court: 123 Pa. Superior Ct. 34, 186 A. 421. Leave to appeal to this court was thereupon granted. Since perfecting this appeal, Friedman died; his appeal has been abated; only the appeal…