Commonwealth v. Bardolph

Opinion by

Baldrige, J.,

The appellants were indicted charged with conspiracy to cheat and defraud the Franklin Savings and Trust Company (hereinafter called the bank). They were found guilty, and motions for arrest of judgment by Bardolph and by both defendants for a new trial were refused and sentences imposed. Separate appeals were taken, argued together, and will be disposed of in one opinion.

Before the jury was sworn, Bardolph filed a special plea in bar, averring that he had already been tried and lawfully acquitted at No. 400, April Sessions, 1932. The commonwealth joined issue, and a…