Commonwealth v. Flaherty
Superior Court of Pennsylvania
Appeal, No. 2, Jan. T., 1905, by defendant, from judgment of Q. S. Luzerne Co., Nov. T., 1903, No. 80, on verdict of guilty in case of Commonwealth v. Patrick Flaherty. Indictment for breaking and entering a store with intent to commit larceny. Before Lynch, P. J. The opinion of the Superior Court states the case. Verdict of guilty upon which judgment of sentence was passed. Error assigned was in overruling motion in arrest of judgment.
1Opinion of the Court
Opinion by
Oblady,- J.,
The indictment in this case contains a single count, in which it is charged that the defendant did unlawfully, wilfully, maliciously and feloniously break and enter the store of one Charles O’Connell, with intent to commit a felony, to wit: larceny.
On the trial it was found that the testimony did not warrant a verdict of guilty in manner and form as he was indicted, and, under instructions from the court, a verdict was recorded of guilty of breaking with attempt to commit the crime charged.
The indictment was framed under the 2d section of the Act of April 22, 1863, P. L.…
2Cases cited8 opinions
- Commonwealth v. McHaleSupreme Court of Pennsylvania · 1881
- Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
- Commonwealth v. BreyesseeSupreme Court of Pennsylvania · 1894
- Commonwealth v. MorrisonSupreme Court of Pennsylvania · 1899
- Commonwealth v. GeorgeSuperior Court of Pennsylvania · 1899
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3Cited by25 opinions
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth of Penna. v. DegrangeSuperior Court of Pennsylvania · 1929
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1921
- Commonwealth v. CanoSupreme Court of Pennsylvania · 1957
- Commonwealth v. CanoSuperior Court of Pennsylvania · 1956
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