Legal Opinion

Commonwealth v. Shoener

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 211PublishedCited by 7 opinions

Appeal, No. 211, Oct. T., 1905, by defendant, from judgment of Q. S. Schuylkill Co., Sept. Term, 1905, No. 905, on verdict of guilty in case of Commonwealth v. John T. Shoener. Indictment for embezzlement. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Errors assigned were (1) in overruling demurrer; (2-4) various instructions ; (5) in overruling defendant’s plea of autrefois acquit.

1Opinion of the Court

Opinion by

Porter, J.,

The first specification alleges that the court below erred “ in overruling the third paragraph of defendant’s demurrer, which paragraph is as follows: That the offense charged in said indictment is barred by the statute of limitations, the same having been found more than two years after the moneys, alleged to have been received by the defendant the which he failed to pay over, came into his hands.” The indictment charged in apt language that the defendant had been duly elected and qualified as cleric of the court of quarter sessions of the peace for the county of…

2Cases cited13 opinions

  1. Hilands v. CommonwealthSupreme Court of Pennsylvania · 1886
  2. Commonwealth v. MentzerSupreme Court of Pennsylvania · 1894
  3. Commonwealth v. HazlettSuperior Court of Pennsylvania · 1900
  4. Commonwealth v. HazlettSuperior Court of Pennsylvania · 1901
  5. Commonwealth v. MontrossSuperior Court of Pennsylvania · 1898

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3Cited by7 opinions

  1. Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
  2. Commonwealth v. MoonSuperior Court of Pennsylvania · 1942
  3. Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
  4. Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
  5. Commonwealth v. VeleySuperior Court of Pennsylvania · 1916

2 more not listed; retrieve them via the Exa API.

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