Summary
In Commonwealth v. Kirk, 340 Pa. 346, 17 A.2d 195 (1941) our Supreme Court held that a completed conspiracy must be prosecuted within two years after its cessation.
Summary of this case from Com. v. RileyOpinion
November 27, 1940.
January 6, 1941.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN and PATTERSON, JJ.
Appeals, Nos. 22-25, May T., 1941, from orders of Superior Court, March T., 1940, Nos. 49-52, affirming judgments and sentences of Q. S. Dauphin Co., Jan. Sessions, 1939, Nos. 303 and 304, in cases of Commonwealth v. James P. Kirk; and Commonwealth v. Victor Skok. Judgments affirmed.
Indictments charging defendants with conspiracy. Before REESE, P. J., specially presiding.
The facts are stated in the opinion of the Superior Court, reported in 141 Pa. Super. 123.
Verdict of guilty as to each defendant, on each charge and judgments and sentences thereon. Defendants appealed to the Superior Court, which affirmed the judgments of the court below. Appeals were allowed to the Supreme Court.
Errors assigned, among others, related to the action of the Superior Court in overruling various assignments of error.
O. K. Eaton, with him J. Dress Pannell, for appellants.
Samuel Handler, with him Carl B. Shelley, District Attorney, and Earl V. Compton, for appellee.
A majority of the Court are of opinion that the judgments of the Superior Court should be affirmed on the opinion of President Judge KELLER; a minority think the judgments should be reversed on the ground that the record does not show any illegal or criminal act to constitute the alleged conspiracy.
The judgments are, therefore, affirmed on the opinion of the learned President Judge of the Superior Court.