Legal Opinion

Commonwealth v. Barge

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 216PublishedCited by 16 opinions

Appeal, No. 216, April T., 1899, by defendant, from sentence of Q. S. Fayette Co., Dec. Sess., 1898, No. 29, on verdict of guilty. Opinion by Beeber, J. Smith, J., dissents. Indictment for embezzlement as a tax collector.

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Appeal, No. 216, April T., 1899, by defendant, from sentence of Q. S. Fayette Co., Dec. Sess., 1898, No. 29, on verdict of guilty. Opinion by Beeber, J. Smith, J., dissents. Indictment for embezzlement as a tax collector. Before MesTREZAT, P. J. It appears from tbe record that in tbe first count the defendant was charged with embezzling state, county, school and borough taxes to an amount of about $5,000. In the second count he was charged with having embezzled county taxes, in the third count with school taxes, and in the fourth count borough and municipal taxes, there being no specific…

1Opinion of the Court

Opinion by

Beeber, J.,

The first, third and fourth counts need not be considered, as the defendant did not plead guilty to any one. of them, nor was any trial and conviction had upon them. ' Whether' these counts are good or bad is immaterial, for if there was one count good and sufficient to support the conviction and judgment the others need not be considered: Com. v. McKisson, 8 S. & R. 420; Hazen v. Com., 23 Pa. 355; Hutchison v. Com., 82 Pa. 472.

The second count charged the defendant with having collected county taxes of a certain borough “ to the amount of $ and did then and there ”…

2Cases cited9 opinions

  1. Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
  2. Kilrow v. CommonwealthSupreme Court of Pennsylvania · 1879
  3. Hazen v. CommonwealthSupreme Court of Pennsylvania · 1854
  4. Commonwealth v. FreySupreme Court of Pennsylvania · 1865
  5. Gorman v. CommonwealthSupreme Court of Pennsylvania · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Commonwealth v. CamwellSuperior Court of Pennsylvania · 1926
  2. Commonwealth v. SchultzSuperior Court of Pennsylvania · 1952
  3. Commonwealth Ex Rel. Guiramez v. AsheSupreme Court of Pennsylvania · 1928
  4. Commonwealth Ex Rel. Dennis v. AsheSuperior Court of Pennsylvania · 1947
  5. Commonwealth v. ViscountSuperior Court of Pennsylvania · 1935

11 more not listed; retrieve them via the Exa API.

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