Commonwealth v. Laniewski

Opinion by

Wright, J.,

Frank Laniewski, Tom DiSantis, and Francis Mark were indicted on a charge of setting up and conducting a lottery. DiSantis and Mark pleaded guilty and appeared as witnesses for the Commonwealth. Laniewski offered no testimony, but requested the trial judge to direct a verdict of not guilty, which request was refused. After verdict of guilty, motions in arrest of judgment and for a new trial were overruled, and this appeal followed.

The indictment was based on Section 601 of the Act of June 24, 1939, P. L. 872, 18 P.S. §4601, which reads as follows:

“All lotteries, whether…