Commonwealth v. Tudesco

Flood, P. J.,

It appears to me that the evidence fully justifies the trial judge’s finding of the following facts:

That defendant, Tudesco, sold and took a down payment of $5,000 on a 17/32 interest in the West Virginia oil lease, settlement to he made in 37 days; that at the time, he knew that he had assigned all of the income as to 15/32 of the 17/32 and that this assignment was to exist until the assignees had recouped their original investment in the well in the amount of approximately $80,000 or otherwise voluntarily released the assignment; that Tudesco knew that when he accepted the…