Legal Opinion

Commonwealth v. Randall

Superior Court of Pennsylvania

Decided May 9, 1916No. Appeal, No. 43PublishedCited by 4 opinions

Appeal, No. 43, March T., 1916, by defendant, from judgment of Q. S. Luzerne Co., April Session, 1915, No. 234, on verdict of guilty in case of Commonwealth v. Cullen B. Bandall and James E. Hadsall. Indictment for forcible entry and detainer.

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Appeal, No. 43, March T., 1916, by defendant, from judgment of Q. S. Luzerne Co., April Session, 1915, No. 234, on verdict of guilty in case of Commonwealth v. Cullen B. Bandall and James E. Hadsall. Indictment for forcible entry and detainer. Garman, J., charged in part as follows: 1 The defendants are charged in this indictment with having taken possession of the lands of Lyman R. Lutes and Wilbur S. Lutes, and holding possession forcibly and against the will of the prosecutors. 1. [This whole case depends upon the question of possession. The title is not material. We need not go hack to…

1Opinion of the Court

Opinion by

Xephart, J.,

In an indictment for forcible entry or forcible detainer, neither the right of possession nor the title to the freehold comes into question. The only consideration is the actual possession and the force used: Penna. v. Robinson, 1 Addison 14; 57 Pa. Superior Ct. 204. To sustain an action the prosecutor must show a prior possession and an unlawful detention by force and with a strong hand, or by menace or threats: Commonwealth v. Brown, 138 Pa. 447. This possession cannot be assumed. It must be proven,. and courts should be slow to convict where the evidence of prior…

2Cases cited3 opinions

  1. Kramer v. LottSupreme Court of Pennsylvania · 1865
  2. Commonwealth v. BrownSupreme Court of Pennsylvania · 1891
  3. Thompson v. CommonwealthSupreme Court of Pennsylvania · 1887

3Cited by4 opinions

  1. Commonwealth v. LeibowitzSuperior Court of Pennsylvania · 1931
  2. Commonwealth v. TilliaSuperior Court of Pennsylvania · 1920
  3. Commonwealth v. JohnstonSuperior Court of Pennsylvania · 1919
  4. Commonwealth v. YoungFulton County Court of Quarter Sessions · 1948

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