Commonwealth v. Steimling
Supreme Court of Pennsylvania
Appeal, No. 376, Jan. T., 1893, by the Commonwealth, from judgment of Q. S. Northumberland county, Dec. T., 1892, on verdict of not guilty, in favor of John Steimling. Indictment for larceny of coal. The charge of the court was as follows, by Sittser, P. J., of the 44th judicial district, specially presiding: “ John Steimling is charged in this indictment with the larceny of a, quantity of coal, laid as the property of Jacob Bower.
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Appeal, No. 376, Jan. T., 1893, by the Commonwealth, from judgment of Q. S. Northumberland county, Dec. T., 1892, on verdict of not guilty, in favor of John Steimling. Indictment for larceny of coal. The charge of the court was as follows, by Sittser, P. J., of the 44th judicial district, specially presiding: “ John Steimling is charged in this indictment with the larceny of a, quantity of coal, laid as the property of Jacob Bower. He is also charged in one count with knowingly mining coal on the land of another without the consent of the owner. “ The statute upon which the second count in…
1Opinion of the Court
Opinion by
Mb,. Justice Williams,
The indictment on which the defendant was tried in the court below contained two counts. One of them charged a larceny at common law. The other was drawn under the act of May 8,1876, P. L. 142. The learned judge by whom the trial was conducted instructed the jury that there could be no conviction upon the first count, because the acts alleged to constitute the larceny amounted to no more than a trespass; and that there could be no conviction upon the second count, because the act of 1876 was not applicable upon the facts shown. Being of the opinion that there…
2Cases cited1 opinion
- People v. ComstockNew York Supreme Court · 1832
3Cited by10 opinions
- People v. DillonCalifornia Supreme Court · 1983
- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
- Commonwealth v. KerrSuperior Court of Pennsylvania · 1942
- Commonwealth v. PrestonSuperior Court of Pennsylvania · 1927
- Commonwealth v. ObenrederSuperior Court of Pennsylvania · 1941
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