Commonwealth v. Birdsall
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Allegheny county: No. 219, to October and'November Term 1871. At fhe March Sessions 1868, an indictment containing two counts was found against James Birdsall; the first that he did feloniously break and enter the storehouse of Seth T. Stewart, “ with intent the goods and chattels of the said Seth T. Stewart, then and there being to steal,” &c.; the second, that “ on the day and year aforesaid,” he stole a large number of different…
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Error to the Court of Quarter Sessions of Allegheny county: No. 219, to October and'November Term 1871. At fhe March Sessions 1868, an indictment containing two counts was found against James Birdsall; the first that he did feloniously break and enter the storehouse of Seth T. Stewart, “ with intent the goods and chattels of the said Seth T. Stewart, then and there being to steal,” &c.; the second, that “ on the day and year aforesaid,” he stole a large number of different articles, naming them in detail, “ the goods and chattels of Seth T. Stewart.” On the 5th of March 1868, the defendant…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Agnew, J.
The indictment in this case contains two counts the first for wilfully and maliciously breaking and entering a storehouse or shop, with intent feloniously to steal, take and carry away goods and chattels. This count is framed upon the second section of the Act of 22d April 1863, Pamph. L. 531, and specifies no particular goods. The second count was for simple larceny, enumerating the goods in detail. The defendant was found guilty under both counts, and on the first was sentenced to pay a fine of six cents, and to…
2Cited by31 opinions
- Commonwealth Ex Rel. Moszczynski v. AsheSupreme Court of Pennsylvania · 1941
- Halderman's PetitionSupreme Court of Pennsylvania · 1923
- Commonwealth v. CurrySupreme Court of Pennsylvania · 1926
- Williams v. StateCourt of Appeals of Maryland · 2001
- Commonwealth v. ClarkSuperior Court of Pennsylvania · 1936
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