Commonwealth v. Dattala
Superior Court of Pennsylvania
Appeal, No. 136, April T., 1921, by defendant, from judgment of Q. S. of Cambria County, Dec. Sessions, 1920, No. 109, 'on verdict of guilty in the case of Commonwealth of Pennsylvania v. Bart Dattala. Indictment for larceny and receiving stolen goods. Before Reed, P. J., Orphans’ Court, specially presiding. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 136, April T., 1921, by defendant, from judgment of Q. S. of Cambria County, Dec. Sessions, 1920, No. 109, 'on verdict of guilty in the case of Commonwealth of Pennsylvania v. Bart Dattala. Indictment for larceny and receiving stolen goods. Before Reed, P. J., Orphans’ Court, specially presiding. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which judgment of sentence was passed. Defendant appealed. Errors assigned, among others, were the charge of the court, refusal of defendant’s motion for a new'trial, and objection to the right of judge of…
1Opinion of the Court
Opinion by
Trexler, J.,
The prosecutor’s automobile was stolen April 27, .1920. It was found in defendant’s possession October 10th, *322somewhat more than five months after the theft. He was found guilty of larceny and receiving.
The first proposition advanced by the appellant is, that the possession of the defendant not having been recent, there should have been binding instructions in his favor. This court has said in Commonwealth v. Berney, 28 Pa. Superior Ct. 61: “In order to convict defendant of larceny because of the possession of the stolen property it must be made to appear that the…
2Cases cited11 opinions
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Commonwealth v. StonerSupreme Court of Pennsylvania · 1919
- Commonwealth v. HouseSupreme Court of Pennsylvania · 1909
- Commonwealth v. BednorcikiSupreme Court of Pennsylvania · 1919
- Commonwealth v. CateSupreme Court of Pennsylvania · 1908
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3Cited by10 opinions
- Commonwealth v. DockSuperior Court of Pennsylvania · 1941
- Commonwealth v. DraveczSuperior Court of Pennsylvania · 1966
- Commonwealth v. SalkeySuperior Court of Pennsylvania · 1958
- Commonwealth Ex Rel. Miller v. Ashe, WardenSupreme Court of Pennsylvania · 1939
- Com. Ex Rel. Miller v. Ashe, WardenSuperior Court of Pennsylvania · 1938
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