Commonwealth v. Bertels

420 A.2d 404, 491 Pa. 187, 1980 Pa. LEXIS 808

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

This 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.

On 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 affirm the determination of the Superior Court that trial jurisdiction was lacking.

Order of the Superior Court affirmed.

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

Footnotes

1

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

2

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