Legal Opinion

Commonwealth v. Levine

Superior Court of Pennsylvania

Decided October 6, 1923No. Appeal, 248PublishedCited by 1 opinion

Appeal, No. 248, Oct. T., 1923, by defendant, from judgment and sentence of O. and T., Phila. Co., Oct. T., 1922, No. 517, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Samuel Levine. Indictment for arson. Before Terry, P. J., 44th Judicial District, specially presiding. The opinion of the Superior Court states the case. Verdict of guilty on which judgment of sentence was passed. Defendant appealed.

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Appeal, No. 248, Oct. T., 1923, by defendant, from judgment and sentence of O. and T., Phila. Co., Oct. T., 1922, No. 517, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Samuel Levine. Indictment for arson. Before Terry, P. J., 44th Judicial District, specially presiding. The opinion of the Superior Court states the case. Verdict of guilty on which judgment of sentence was passed. Defendant appealed. Error assigned, among others, was refusal to give binding instructions in favor of defendant.

1Opinion of the Court

Opinion by

Trexler, J.,

The indictment charges the defendant, Samuel Levine, with having maliciously burned a certain dwelling house of another. Levine was a tenant in possession under a lease for years. The question presented is, can a tenant in possession be convicted of setting fire to the leased premises? The Act of June 10,1881, P. L. 117, provides: “Section 1, Be it enacted, etc., that no principle or policy of law shall, because the defendant shall have been in possession as tenant or otherwise at the time of the commission of the offense, exempt any person from conviction and…

2Cases cited3 opinions

  1. Searight's EstateSupreme Court of Pennsylvania · 1894
  2. In re Greenfield AvenueSupreme Court of Pennsylvania · 1899
  3. Commonwealth v. DepuySupreme Court of Pennsylvania · 1892

3Cited by1 opinion

  1. Commonwealth v. RuttenbergGreene County Court of Oyer and Terminer · 1933

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