Opinion
October 2, 1933.
February 1, 1934.
Appeal No. 119, October T., 1933, by defendant from judgment of Q.S., Delaware County, March Sessions, 1932, No. 252, in the case of Commonwealth of Pennsylvania v. John M. Hardcastle, Jr.
Before KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and JAMES, JJ. Affirmed.
Indictment for fraudulent conversion. Before REED, P.J., O.C. 47th Judicial District, specially presiding.
The facts are stated in the opinion of the Superior Court and in the case of Commonwealth v. Wilcox, 112 Pa. Super. 240.
Verdict of guilty on which judgment of sentence was passed. Defendant appealed.
Error assigned, among others, were various rulings on evidence, the charge of the court and refusal to withdraw a juror because of remarks of district attorney.
William C. Alexander, and with him John E. McDonough, for appellant.
William R. Toal, Assistant District Attorney, and with him William J. MacCarter, Jr., District Attorney, for appellee.
Submitted October 2, 1933.
This case was submitted with the appeal in Com. v. Wilcox, 112 Pa. Super. 240. It differs from that case in no material particular. For the reasons therein recited the appeal is quashed and it is ordered that the record be remitted to the court below and that the defendant appear in said court at such time as he may be there called and that he be by that court committed until he has complied with the sentence or any part of it which had not been performed at the time the appeal in this case was made a supersedeas.