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491 Pa. 187

420 A.2d 404

Commonwealth v. Bertels

Supreme Court of Pennsylvania

Decided September 22, 1980

Supreme Court of Pennsylvania · decided 1980-09-22

Cited by 6 later decisions — most recently April 1997

6 state decisions

Relies on 260 Pa. Super. 496 - Commonwealth v. Bertels

Good law ✅— No negative treatment on recordhow we know

Decided 1980-09-22

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¶1OPINION OF THE COURT

FLAHERTY, Justice.

¶2This is an appeal from a reversal by the Superior Court1 of judgments of sentence imposed upon appellees, Norman H. Bertels, Jr., W. Kirk Hammaker, and Donald L. Parker, following convictions for embezzlement, fraudulent conversion, falsification of corporate records, and conspiracy.2 The convictions arose from complex transactions, involving applications of financial assets, whereby the appellees were found to have defrauded corporations which they controlled. Trial by jury was held in the Franklin County Court of Common Pleas in February, 1969, venue having been changed from Adams County at defendants’ request.

¶3On appeal is the issue of whether Adams County had venue and jurisdiction for trial, since the transactions involved occurred primarily outside that County. After a careful review of the briefs, record, and decisions below, we *189affirm the determination of the Superior Court that trial jurisdiction was lacking.

¶4Order of the Superior Court affirmed.

ROBERTS, J., joins the majority opinion and filed a concurring opinion.

¶5. Commonwealth v. Bertels, 260 Pa.Super. 496, 394 A.2d 1036 (1978).

¶6. Act of June 24, 1939, P.L. 872, §§ 828, 834, 846 and 302 respectively; 18 P.S. §§ 4828, 4834, 4846 and 4302 respectively.

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