# Commonwealth v. DiEMIDIO

> Superior Court of Pennsylvania · June 15, 1962 · 198 Pa. Super. 571

URL: https://www.frixlaw.com/law-library/cases/9752966

## Case

- **Full name:** Commonwealth v. DiEmidio Et Al., Appellants
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 15, 1962
- **Citations:** 198 Pa. Super. 571; 182 A.2d 537; 1962 Pa. Super. LEXIS 747
- **Precedential status:** Published
- **Opinion:** Dissent by Watkins
- **Judges:** Rhodes, Ervin, Wright, Woodside, Watkins, Montgomery, Flood
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Commonwealth v. Yobbagy, 410 Pa. 172 (1963).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9752966

## Opinion text

Dissenting Opinion by
Watkins, J.:
I would arrest judgment as to the defendant, Joseph E. Yobbagy, on the ground that the evidence of conspiracy was insufficient to sustain the guilty verdict of the jury. The evidence necessary to prove a criminal conspiracy must rise above mere suspicion or possibility of guilty collusion, and the evidence in this record, upon which this conviction is based, is only mere suspicion and possibility of collusion. Com. v. Burdell, 380 *579 Pa. 48 , 110 A. 2d 193 (1955). This is another example where the crime of conspiracy is being used as a catchall when the prosecution is unable to prove a specific crime. Com. v. Fabrizio, 197 Pa. Superior Ct. 45, 58 , 176 A. 2d 142 (1961).
Montgomery, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9752966. Public record. Not legal advice.