Commonwealth v. Carr
Superior Court of Pennsylvania
Appeal, No. 175, April T., 1905, by defendant, from judgment of Q. S. Allegheny Co., June T., 1904, No. 438, on verdict of guilty in case of Commonweath v. Joseph F. Carr. Indictment for defrauding by false pretenses. The opinion of the Superior Court states the case. Yerdict of guilty, upon which judgment of sentence was passed. Error assigned was the ruling on evidence referred to in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Smith, J.,
The crime of defrauding by false pretenses belongs to the class of misdemeanors which, by section 9 of the act of penal procedure of March 31, 1860, P. L. 427, maybe settled between the complainant and the offender, at the discretion of the examining magistrate or of the court: Rothermal v. Hughes, 134 Pa. 510; Geier v. Shade, 109 Pa. 180. It is essential to such a settlement, however, that the complainant shall “ acknowledge to have received satisfaction for such injury and damage.” Until this is done, there is no settlement; and neither partial restitution by the…
2Cases cited2 opinions
- Geier v. ShadeSupreme Court of Pennsylvania · 1885
- Rothermal v. HughesSupreme Court of Pennsylvania · 1890
3Cited by3 opinions
- Com. of Pa. v. HeckmanSuperior Court of Pennsylvania · 1934
- Commonwealth v. AlvarezSuperior Court of Pennsylvania · 1970
- Commonwealth v. RadzinowiczSuperior Court of Pennsylvania · 1909