Opinion
March 22, 1961.
April 13, 1961.
Criminal Law — False pretense — Sale of interest in oil lease — Defendant's knowledge of inability to pay off encumbrance on interest — Representation as to ownership — Advice of counsel.
On appeal by defendant following conviction on an indictment charging false pretense, in which it appeared that defendant sold and took a substantial down payment on a 17/32 interest in an oil lease, contracting that the leasehold would be delivered free and clear of all liens and encumbrances, settlement to be made in thirty-seven days; that he had previously assigned all of the income as to 15/32 of the 17/32, this assignment to exist until the assignees had recouped their original investment in the well in the amount of approximately $80,000, and defendant knew at the time he accepted the down payment that there was no prospect of his paying off the $80,000 within the thirty-seven days; that defendant represented to the buyers that he owned a 17/32 interest in the lease, and there was evidence to sustain a finding that the buyers justifiably relied on the interpretation that this meant an unencumbered ownership; and that defendant did not tell his counsel and the latter did not know that a large encumbrance on income existed when he advised defendant in the matter; it was Held that the judgment of sentence of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, and MONTGOMERY, JJ. (FLOOD, J., absent).
Appeal, No. 425, Oct. T., 1960, from judgment of Court of Quarter Sessions of the Peace of Philadelphia County, Jan. T., 1959, No. 465, in case of Commonwealth of Pennsylvania v. Ralph Tudesco. Judgment affirmed.
Same case in court below: 23 Pa. D. C. 2d 698.
Indictment charging defendant with false pretense. Before GOLD, J., without a jury.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
I. Finkelstein, with him Jay D. Barsky, and Silver Barsky, for appellant.
Joseph M. Smith, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
FLOOD, J., took no part in the consideration or decision of this case.
Argued March 22, 1961.
The judgment of sentence of the Court of Quarter Sessions of Philadelphia County is affirmed on the opinion of President Judge FLOOD for the court below, as reported in 23 Pa. D. C.2d 698.
It is ordered that said defendant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with his sentence or any part thereof which had not been performed at the time the appeal was made a supersedeas.
FLOOD, J., took no part in the consideration or decision of this case.