Legal Opinion

Simmons v. Commonwealth

Supreme Court of Pennsylvania

Decided July 17, 1813PublishedCited by 17 opinions

THE plaintiff in error was indicted at a Mayor’s Court for the city of Philadelphia in March 1812, for feloniously J % * ' d stealing and carrying away twenty-five silver spoons and other articles, the property of E. I. Dupont; and upon the trial the jury found a special verdict which stated, “ that the defendant “ did feloniously steal, take; and carry away all the goods « chattels mentioned in the indictment (except six shirts “ the value-of seven dollars) -within the…

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THE plaintiff in error was indicted at a Mayor’s Court for the city of Philadelphia in March 1812, for feloniously J % * ' d stealing and carrying away twenty-five silver spoons and other articles, the property of E. I. Dupont; and upon the trial the jury found a special verdict which stated, “ that the defendant “ did feloniously steal, take; and carry away all the goods « chattels mentioned in the indictment (except six shirts “ the value-of seven dollars) -within the state of Delaware, “ and that he brought the same into the city of Philadelphia, “ and within the jurisdiction of this…

1Opinion of the Court

Tilghman C. J.

This is an indictment for larceny. The property was originally stolen in the state of Delaware, and afterwards brought by the thief into this city. The jury found a special verdict; and the question submitted to the Court is, whether under such circumstances, an indictment can be supported in the Mayor’s Court. The point has never been expressly decided; but it is understood, that a practice has prevailed.iw# silentio, under which there have been convictions in several of the courts of the state. This practice was founded on the general principle, that possession in the thief…

2Cases cited5 opinions

  1. Coffin v. AndersonIndiana Supreme Court · 1837
  2. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
  3. Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
  4. People v. GardnerNew York Supreme Court · 1807
  5. Duchane v. GoodtitleIndiana Supreme Court · 1821

3Cited by17 opinions

  1. Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
  2. People ex rel. Trombley v. HumphreyMichigan Supreme Court · 1871
  3. Commonwealth v. BertelsSuperior Court of Pennsylvania · 1978
  4. Commonwealth v. OhleSuperior Court of Pennsylvania · 1982
  5. McCoy v. KalbachSuperior Court of Pennsylvania · 1912

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