Legal Opinion

Commonwealth v. Bone

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 136PublishedCited by 29 opinions

Appeal, No. 136, April T., 1916, by defendant, from judgment of Q. S. Crawford Co., Sept. T., 1915, No. 33, on verdict of guilty in case of Commonwealth v. Joe Bone, et al. Indictment for arson. Before Prather, P. J. The facts are stated in the opinion of the Superior Court. At the trial Elizabeth Birchard, a witness for the Commonwealth, was askfed this question: Q.—Where do you live, Mrs. Birchard? A.—In Cambridge Springs.

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Appeal, No. 136, April T., 1916, by defendant, from judgment of Q. S. Crawford Co., Sept. T., 1915, No. 33, on verdict of guilty in case of Commonwealth v. Joe Bone, et al. Indictment for arson. Before Prather, P. J. The facts are stated in the opinion of the Superior Court. At the trial Elizabeth Birchard, a witness for the Commonwealth, was askfed this question: Q.—Where do you live, Mrs. Birchard? A.—In Cambridge Springs. Q.—What is your business or occupation? A.—I am a public stenographer and just now a school teacher. Q.—State whether or not you acted as stenographer and took the…

1Opinion of the Court

Opinion by

Kephart, J.,

The defendant was convicted of arson. There was no direct evidence to establish a fire of ificendiary origin, or the connection of the defendant with any crime. - The Commonwealth relied on circufiistaatial evidence to *48secure a conviction. The evidence as to the fact of a crime committed and its author, should be such as to exclude all rational theories except that the crime existed and the accused was its author, and in criminal cases great care should be taken that this proof should be clear and unequivocal: Com. v. Exler, 61 Pa. Superior Ct. 423. When a crime charged…

2Cases cited8 opinions

  1. Brown v. CommonwealthSupreme Court of Pennsylvania · 1873
  2. Commonwealth v. ByersSuperior Court of Pennsylvania · 1910
  3. State v. RuckmanSupreme Court of Missouri · 1913
  4. Commonwealth v. ExlerSuperior Court of Pennsylvania · 1915
  5. Commonwealth v. KeckSupreme Court of Pennsylvania · 1892

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

3Cited by29 opinions

  1. Commonwealth v. NewSupreme Court of Pennsylvania · 1946
  2. Commonwealth v. BennettSuperior Court of Pennsylvania · 1973
  3. Commonwealth v. KarmendiSupreme Court of Pennsylvania · 1937
  4. Commonwealth v. StaskoSupreme Court of Pennsylvania · 1977
  5. Commonwealth v. RosenSuperior Court of Pennsylvania · 1940

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

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