Commonwealth v. Mitchell

Full title: Commonwealth v. Mitchell, Appellant

Court: Supreme Court of Pennsylvania

Date published: May 22, 1944

37 A.2d 443 (Pa. 1944)

37 A.2d 443

Opinion

April 19, 1944.

May 22, 1944.

Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and HUGHES, JJ.

Appeal, No. 115, Jan. T., 1944, from judgment of Superior Court, Oct. T., 1944, No. 99, reversing judgment of Q. S. Phila. Co., Sept. T., 1938, No. 519, in case of Commonwealth v. John Mitchell. Judgment affirmed.

Same case in Superior Court: 153 Pa. Super. 582.

Indictment charging defendant with robbery. Before BLUETT, J.

Motion by defendant for absolute discharge granted. Commonwealth appealed to Superior Court which reversed the judgment of the lower court. Appeal by defendant to Supreme Court allowed.

Angelo L. Scaricamazza, with him Thomas J. Minnick, Jr., for appellant. Franklin E. Barr, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.

PER CURIAM, May 22, 1944:

The judgment is affirmed on the opinion of Judge BALDRIGE of the Superior Court.