Legal Opinion

Commonwealth v. Duffy

Supreme Court of Pennsylvania

Decided January 3, 1881PublishedCited by 41 opinions

Error to the Court of Quarter Sessions of Crawford county: 'Of October and November Term 1880, No. 255. Indictment of J. 0. Duffy for forgery. In the month of September 1875 the defendant was in the employ of the Howe Machine Company, as its agent, for the sale of its sewing machines.. He was then residing in the county of Armstrong, Pennsylvania, and was employed by the said company to sell machines in that vicinity.

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Error to the Court of Quarter Sessions of Crawford county: 'Of October and November Term 1880, No. 255. Indictment of J. 0. Duffy for forgery. In the month of September 1875 the defendant was in the employ of the Howe Machine Company, as its agent, for the sale of its sewing machines.. He was then residing in the county of Armstrong, Pennsylvania, and was employed by the said company to sell machines in that vicinity. On or about the 23d of September 1875 he sold a machine to a Mrs. P. J. Wolf, of Templeton, county of Armstrong, for the sum of $75, for which he took her note, payable to the…

1Opinion of the CourtJustice Green

We are of opinion that under the 77th section of the Criminal Procedure Act of 31st March 1860, the limitation of prosecutions for forgery as a misdemeanor is two years and not five. It is true the first clause of the section enumerates “ forgery” as one of the offences subject to the five years’ limitation, and were there not other considerations affecting the question we should hold that the limitation of five years applied to all forgeries. But .the concluding clause of the section positively, enacts that all indictments and prosecutions “for all misdemeanors, perjury excepted, shall be…

2Cases cited1 opinion

  1. Hepburn v. CurtsSupreme Court of Pennsylvania · 1838

3Cited by41 opinions

  1. Stogner v. CaliforniaSupreme Court of the United States · 2003
  2. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
  3. Commonwealth v. YoungSupreme Court of Pennsylvania · 1993
  4. Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1989
  5. United States v. FraidinDistrict Court, D. Maryland · 1945

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