Legal Opinion

Commonwealth v. Elias & Johns

Superior Court of Pennsylvania

Decided July 14, 1921No. 1; Appeal, Nos. 4 and 5PublishedCited by 14 opinions

Appeal, Nos. 4 and 5, March T., 1921, by defendants, from judgment of Q. S. Luzerne County, February Sessions, 1921, No. 116, on verdict of guilty in the case of Commonwealth of Pennsylvania V. Joseph Elias and Mike Johns. Indictment for larceny and receiving stolen goods. Before Garman, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Defendants appealed.

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Appeal, Nos. 4 and 5, March T., 1921, by defendants, from judgment of Q. S. Luzerne County, February Sessions, 1921, No. 116, on verdict of guilty in the case of Commonwealth of Pennsylvania V. Joseph Elias and Mike Johns. Indictment for larceny and receiving stolen goods. Before Garman, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Defendants appealed. Errors assigned were overruling of the defendants’ objection to certain testimony on the ground that it related to the commission of offenses, other than the ones…

1Opinion of the Court

Opinion by

Orlady, P. J.,

The defendants were convicted of larceny and receiving stolen goods. They were tried by the same jury, separate appeals being taken and argued together. The question involved presents the following: At the trial of an indictment charging larceny, may the district attorney introduce evidence showing the commission of offenses other than that charged in the indictment.

At the trial the Commonwealth proposed to show by several witnesses “kindred offenses between the same witnesses and the same defendants, whereby they were encouraged by these defendants to commit larceny…

2Cases cited8 opinions

  1. Shaffner v. CommonwealthSupreme Court of Pennsylvania · 1872
  2. Hester v. CommonwealthSupreme Court of Pennsylvania · 1877
  3. Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
  4. Commonwealth v. ColesSupreme Court of Pennsylvania · 1919
  5. Commonwealth v. HouseSupreme Court of Pennsylvania · 1909

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

3Cited by14 opinions

  1. Commonwealth v. WableSupreme Court of Pennsylvania · 1955
  2. Commonwealth v. BouldenSuperior Court of Pennsylvania · 1955
  3. Commonwealth v. WeissSupreme Court of Pennsylvania · 1925
  4. State v. WillsonOregon Supreme Court · 1925
  5. Commonwealth v. LuccittiSupreme Court of Pennsylvania · 1928

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

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