Legal Opinion

Commonwealth v. Emmett

Superior Court of Pennsylvania

Decided April 24, 1920No. Appeal, No. 182PublishedCited by 13 opinions

Appeal, No. 182, Oct. T., 1919, by defendants, from judgment of O. and T. Lehigh County, June Sessions, 1919, No. 71, on a verdict of guilty in the case of Commonwealth of Pennsylvania v. Prank Emmett and Roy W. Middlecamp. Indictment for arson. Before Croman, P. 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, No. 182, Oct. T., 1919, by defendants, from judgment of O. and T. Lehigh County, June Sessions, 1919, No. 71, on a verdict of guilty in the case of Commonwealth of Pennsylvania v. Prank Emmett and Roy W. Middlecamp. Indictment for arson. Before Croman, P. 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 refusal to grant a severance, various rulings on evidence, the charge of the court and refusal to direct a verdict in favor of the defendants.

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant was convicted of arson. The Commonwealth charged that he caused a fire to be ignited in a building used as a theater from which fire was communicated to an adjoining dwelling house. The fire occurred May 13, 1916. The defendants were indicted June 24, 1919. Frank Emmett was the lessee of the theater and of another which he conducted in the same city. The Commonwealth undertook to show that the fire was started by Middlecamp and one, Weraett, at the instigation of Emmett, and in support of the charge Wemett was called as a witness for the prosecution. He…

2Cases cited4 opinions

  1. Commonwealth v. FarrellSupreme Court of Pennsylvania · 1898
  2. Kilrow v. CommonwealthSupreme Court of Pennsylvania · 1879
  3. Commonwealth v. SimonSuperior Court of Pennsylvania · 1910
  4. Commonwealth v. PlaceSupreme Court of Pennsylvania · 1893

3Cited by13 opinions

  1. Commonwealth v. SparrowSupreme Court of Pennsylvania · 1977
  2. Commonwealth v. VogelSupreme Court of Pennsylvania · 1976
  3. Commonwealth v. DreibelbisSuperior Court of Pennsylvania · 1970
  4. Commonwealth v. NorrisSuperior Court of Pennsylvania · 1925
  5. Commonwealth v. GirardotSuperior Court of Pennsylvania · 1932

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