Commonwealth v. Ault
Superior Court of Pennsylvania
Appeal, No. 206, April T., 1899, by defendant, from sentence of Q. S. Clarion Co., Feb. Sess., 1898, No. 8, on verdict of guilty. Opinion by W. D. Porter, J. Indictment for larceny and receiving stolen goods. Before Clark, P. J. It appears from tbe record that the defendant was indicted on the charge of larceny and receiving stolen goods.
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Appeal, No. 206, April T., 1899, by defendant, from sentence of Q. S. Clarion Co., Feb. Sess., 1898, No. 8, on verdict of guilty. Opinion by W. D. Porter, J. Indictment for larceny and receiving stolen goods. Before Clark, P. J. It appears from tbe record that the defendant was indicted on the charge of larceny and receiving stolen goods. On the trial the defendant submitted among others the following point: [4. In order that possession of stolen goods may be evidence of guilt, it must be with a distinct, implied or expressed assertion of ownership. The defendant will not be presumed m have…
1Opinion of the Court
Opinion by
W. D. Poster, J.,
The appellant offered evidence, upon his trial in the court below, tending to show that he was under the influence of liquor at the time of the alleged offense. The court charged the jury as to the general effect of drunkenness, when established by evidence, to excuse crime, and the rule applicable to such a case when the burden was upon the commonwealth to establish a felonious intent. The first specification of error complains of the court in charging the jury upon that question. The complaint is not that there was error in the statement of the law, but that…
2Cases cited3 opinions
- Fulmer v. CommonwealthSupreme Court of Pennsylvania · 1881
- Dougherty v. CommonwealthSupreme Court of Pennsylvania · 1872
- Sampson v. CommonwealthSupreme Court of Pennsylvania · 1843
3Cited by18 opinions
- Commonwealth v. DavisSupreme Court of Pennsylvania · 1971
- Commonwealth v. LockhartSuperior Court of Pennsylvania · 1972
- Commonwealth v. DeCampliSuperior Court of Pennsylvania · 1976
- Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
- Williams v. StateTennessee Supreme Court · 1965
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