Commonwealth v. Speakes

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the con*942viction of Speakes for conspiracy to promote gambling. He had been sentenced to five years probation and the Commonwealth was granted discretionary review.

The issues presented are whether the prosecution properly alleged and proved an overt act in furtherance of the conspiracy and whether the conspiracy merged into the substantive crime of promoting gambling in the second degree.

Evidence presented at trial indicated that Speakes had agreed to assist Mike Smith in bookmaking activities. Speakes…