Commonwealth v. Stefanczyk
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1921, by defendant, from judgment and sentence of Q. S. Luzerne County, Sept. Sessions, 1920, No. 544%, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Henry Stefanezyk. Indictment for breaking into and entering a freight car. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdiet of guilty on which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 6, March T., 1921, by defendant, from judgment and sentence of Q. S. Luzerne County, Sept. Sessions, 1920, No. 544%, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Henry Stefanezyk. Indictment for breaking into and entering a freight car. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdiet of guilty on which judgment of sentence was passed. Defendant appealed. Errors assigned, were the charge of the court and refusal to direct a verdict in favor of the defendant.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The defendant was convicted of breaking and entering a railroad box car on October 3,1920, and the only question urged on this appeal is the sufficiency of the testimony to sustain a conviction under the Act of May 23, 1887, P. L. 177, which provides as follows: “If any person shall break or enter any car, caboose or locomotive, or wilfully and maliciously, either by day or by night, with or without breaking, enter the same with intent to commit any felony therein, the person so offending shall be guilty of felony.” The testimony adduced on the part of the Commonwealth…
2Cases cited3 opinions
- Commonwealth v. EaganSupreme Court of Pennsylvania · 1899
- Commonwealth v. FlahertySuperior Court of Pennsylvania · 1904
- Commonwealth v. PurettaSuperior Court of Pennsylvania · 1920
3Cited by12 opinions
- Commonwealth v. RolanSupreme Court of Pennsylvania · 1988
- Commonwealth v. WhalenSuperior Court of Pennsylvania · 1959
- Commonwealth v. MyersSuperior Court of Pennsylvania · 1972
- Commonwealth v. HartlandSuperior Court of Pennsylvania · 1941
- Commonwealth v. FoscoSuperior Court of Pennsylvania · 1956
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