Opinion
October 9, 1957.
November 12, 1957.
Criminal law — Practice — Joint trial of defendants — Refusal of severance — Evidence — Defendant charged with assault and battery and lottery — Other defendant charged with selling of pools, lottery, and gambling.
On appeal by defendant following conviction and sentence on charges of assault and battery in resisting arrest and engaging in lottery, in which it appeared that defendant was tried together with another defendant who was charged with selling of pools, lottery, and gambling; that the court below found that the testimony established sufficient association in the activities of both defendants to justify their trial together, and that the testimony as to both offenses charged against defendant was interrelated; and that defendant claimed that the trial judge erred in refusing a severance of his trial from that of the other defendant; it was Held that the order of the court below refusing a new trial should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeals, Nos. 194 and 195, Oct. T., 1957, from order of Court of Quarter Sessions of Philadelphia County, Oct. T., 1953, Nos. 329, 330, in case of Commonwealth v. Frank S. Aiello. Order affirmed.
Indictment charging defendant with assault and battery and setting up an illegal lottery. Before EVANS, P.J., specially presiding.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Wm. Vincent Mullin, for appellant.
J.K. Stout, with her F. Emmett Fitzpatrick, Thomas M. Reed, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Argued October 9, 1957.
The order of the court below is affirmed on the opinion of President Judge EVANS of the Sixth Judicial District, specially presiding, as reported in 9 Pa. D. C. 2d 767.