Commonwealth v. Barge
Superior Court of Pennsylvania
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
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Kilrow v. CommonwealthSupreme Court of Pennsylvania · 1879
- Hazen v. CommonwealthSupreme Court of Pennsylvania · 1854
- Commonwealth v. FreySupreme Court of Pennsylvania · 1865
- Gorman v. CommonwealthSupreme Court of Pennsylvania · 1889
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3Cited by16 opinions
- Commonwealth v. CamwellSuperior Court of Pennsylvania · 1926
- Commonwealth v. SchultzSuperior Court of Pennsylvania · 1952
- Commonwealth Ex Rel. Guiramez v. AsheSupreme Court of Pennsylvania · 1928
- Commonwealth Ex Rel. Dennis v. AsheSuperior Court of Pennsylvania · 1947
- Commonwealth v. ViscountSuperior Court of Pennsylvania · 1935
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