Legal Opinion

Commonwealth v. McFarland

Superior Court of Pennsylvania

Decided June 14, 1973No. Appeal, 48PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Spaeth, J.,

The only issue meriting discussion is whether the lower court erred in its charge with respect to the elements of the crime of receiving stolen property.

The evidence at trial was conflicting. Two witnesses testified that appellant did not know that the property in question had been stolen, but there was other evidence from which it could be found that he did. Appellant’s argument is that the jury could not properly resolve this conflict because it was told in the charge (to which specific exception was made) that it could find appellant guilty “[i]f the Commonwealth has…

2Cases cited3 opinions

  1. Commonwealth v. SendrowSuperior Court of Pennsylvania · 1935
  2. Commonwealth v. FrankinaSuperior Court of Pennsylvania · 1944
  3. Commonwealth v. GazalSuperior Court of Pennsylvania · 1960

3Cited by7 opinions

  1. State v. ShippWashington Supreme Court · 1980
  2. State v. SheffeySupreme Court of Iowa · 1975
  3. Commonwealth v. WhiteSuperior Court of Pennsylvania · 1975
  4. Commonwealth v. SmytheSuperior Court of Pennsylvania · 1976
  5. Commonwealth v. YoungSuperior Court of Pennsylvania · 1975

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