Commonwealth v. Fitzgerald

Per Curiam,

James Y. Fitzgerald, the appellant, was charged with having made a felonious assault upon a certain Frank Jivitsch and of having robbed him of $60. The information shows that three persons were charged with having committed felony. Fitzgerald was tried alone, found guilty and sentenced to a period of not less than four years and not more than eight years in the Eastern Penitentiary. What happened to the other two is not properly disclosed. The burden of the appellant’s argument is that the sentences imposed were not the same, that the other two participants in the crime, having…