Pauli v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Luzerne county: Of July Term 1878, No. 33. Indictment of E. S. Pauli for forgery. At the trial, before Stanton, J., it appeared that the defendant had leased to A. Johnson two upper stories of a certain building in the city of Scranton.
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Error to the Court of Quarter Sessions of Luzerne county: Of July Term 1878, No. 33. Indictment of E. S. Pauli for forgery. At the trial, before Stanton, J., it appeared that the defendant had leased to A. Johnson two upper stories of a certain building in the city of Scranton. The alleged forgery consisted in the interlineation in the lease by the defendant of the words “save the outside improvements, not to be restricted by the second party in removing poi'ches on the outside.” Pauli prepared the lease, and before signing it, Johnson went away with a copy of it to consult certain parties in…
1Opinion of the CourtJustice Paxson
It is fortunate for the administration of criminal law in Pennsylvania that a case seldom comes before us containing such serious errors as are disclosed in this record. The vice of it runs all through the charge of the court. The jury were not only erroneously instructed upon the law, but were palpably misled by the comments of the court upon the evidence.
The learned judge might well' have declined the defendant’s second point for the reason that it assumed the facts. Instead of merely declining it, he answered it in a way that was calculated to mislead the jury. The defendant was indicted…
2Cited by17 opinions
- Commonwealth v. NewSupreme Court of Pennsylvania · 1946
- Commonwealth v. ColandroSupreme Court of Pennsylvania · 1911
- Commonwealth v. BennettSuperior Court of Pennsylvania · 1973
- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
- Commonwealth v. ByersSuperior Court of Pennsylvania · 1910
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