Commonwealth v. Johnston
Superior Court of Pennsylvania
Appeal, No. 50, April T., 1910, by defendant, from judgment of Q. S. Allegheny Co., March Sessions, 1909, No. 172, on verdict of guilty in case of Commonwealth v. F. Johnston et al. Indictment for conspiracy. At the trial the jury returned a verdict of guilty on which judgment of sentence was passed. Errors assigned were (1, 2) refusal of two points presented by the defendant and (3) portion of charge, quoting it.
1Opinion of the Court
Per Curiam,
The first assignment of error is to the refusal of the defendants’ point that under all the evidence the verdict must be in their favor; the second to the answer to a point that if the jury found certain facts the defendants could not be convicted of criminal conspiracy; and the third to certain instructions given in the general charge. They all involve questions arising upon the evidence, and, *219therefore, in the absence of exception before verdict, the answers and instructions are not subject to review on appeal: Curtis v. Winston, 186 Pa. 492; Sibley v. Robertson, 212 Pa. 24;…
2Cases cited4 opinions
- Curtis v. WinstonSupreme Court of Pennsylvania · 1898
- Sibley v. RobertsonSupreme Court of Pennsylvania · 1905
- Guemple v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
- Petri v. CarraccioloSuperior Court of Pennsylvania · 1907
3Cited by3 opinions
- Commonwealth v. BolanSuperior Court of Pennsylvania · 1922
- Brown v. Pitcairn BoroughSuperior Court of Pennsylvania · 1911
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912