Commonwealth v. King
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1908, by defendant, from judgment of Q. S. Lycoming Co., March T., 1907, No. 10, on verdict of guilty in case of Commonwealth v. Augustine W. King. Indictment for embezzlement. Before Hart, P. J. The opinion of the Superior Court states the case. Verdict of guilty, upon which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 6, March T., 1908, by defendant, from judgment of Q. S. Lycoming Co., March T., 1907, No. 10, on verdict of guilty in case of Commonwealth v. Augustine W. King. Indictment for embezzlement. Before Hart, P. J. The opinion of the Superior Court states the case. Verdict of guilty, upon which judgment of sentence was passed. Defendant appealed. Errors assigned were (1) refusal to quash the indictment; (2) in directing trial on the fourth and fifth counts; (3, 4) in refusing to admit evidence as to the defendant’s ability to pay back the money he embezzled; (5-10) excerpts from the…
1Opinion of the Court
Opinion by
Morrison,
The defendant was indicted under section 113 of the Act of March 31, 1860, P. L. 382 (see page 410): “If any person, being a trustee for the benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert or appropriate the same, or any part thereof, to or for his own use or purpose, or the use or benefit of any other person, or shall, with intent aforesaid, otherwise dispose of or destroy such property, or any part thereof, he shall be guilty of a misdemeanor.”
The defendant qualified as executor of…
2Cases cited7 opinions
- Commonwealth v. DingmanSuperior Court of Pennsylvania · 1904
- Commonwealth v. EckerdSupreme Court of Pennsylvania · 1896
- Commonwealth v. MentzerSupreme Court of Pennsylvania · 1894
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Commonwealth v. HarmonSupreme Court of Pennsylvania · 1901
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3Cited by5 opinions
- Commonwealth v. BovairdSupreme Court of Pennsylvania · 1953
- Commonwealth v. LeviSuperior Court of Pennsylvania · 1910
- Commonwealth v. GriffinSuperior Court of Pennsylvania · 1910
- Commonwealth v. BovairdSupreme Court of Pennsylvania · 1953
- Wooddell v. Territory of ArizonaCourt of Appeals for the Ninth Circuit · 1911