Commonwealth v. Messinger
Supreme Court of Pennsylvania
THE defendants were indicted in the Quarter Sessions Northampton county, for feloniously stealing one bill obligatory given by Messinger to Cleaver, and by him assigned to Henry Abel.
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THE defendants were indicted in the Quarter Sessions Northampton county, for feloniously stealing one bill obligatory given by Messinger to Cleaver, and by him assigned to Henry Abel. They were tried upon this indictment and found guilty; but a new trial was ordered, because the verdict was taken after twelve o’clock at night of Thursday, the court having commenced its session on the preceding Monday, and the time of holding and continuing the Court of Quarter Sessions in Northampton county being limited by law to four days. The indictment was afterwards removed to the Circuit Court, and was…
1Opinion of the Court
Tilghman C. J.
This is an indictment against the defendants for felony in stealing a bill obligatory for 1751- from Philip Messinger to Jesse Cleaver, assigned by Cleaver to Henry Abel-
On the trial of the cause two points were reserved for the consideration of this court.
1. Whether parol evidence was admissible to prove the contents of the bill obligatory described in the indictment, without having given notice to the defendants or one of them, in whose hands it was, to produce it at the trial.
2. Whether the taking of one bill obligatory is punishable as a larceny, under the act of 5th April…
2Cited by16 opinions
- State v. MayberrySupreme Judicial Court of Maine · 1859
- Armitage v. StateIndiana Supreme Court · 1859
- Pons v. StateMississippi Supreme Court · 1873
- Commonwealth v. SlocombMassachusetts Supreme Judicial Court · 1927
- Johnson v. Haines's LesseeSupreme Court of Pennsylvania · 1799
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