Commonwealth v. Kaufman
Superior Court of Pennsylvania
Appeal, No. 149, Oct. T., 1896, by defendant, from judgment of Q. S. Berks Co., Sept. Sess., 1896, on verdict of guilty. Or-lady, J., dissents. Indictment for embezzlement. Before Endlioh, J. It appears from the record and evidence that the defendant was tried on an indictment charging embezzlement as guardian. In May, 1896, defendant filed his account as guardian.
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Appeal, No. 149, Oct. T., 1896, by defendant, from judgment of Q. S. Berks Co., Sept. Sess., 1896, on verdict of guilty. Or-lady, J., dissents. Indictment for embezzlement. Before Endlioh, J. It appears from the record and evidence that the defendant was tried on an indictment charging embezzlement as guardian. In May, 1896, defendant filed his account as guardian. Upon adjudication the orphans’ court ascertained a balance due to each of the children in the sum of 1948.40. This amount was not at that time paid over to the minor children. On July 3, 1896. after adjudication of the guardian…
1Opinion of the Court
Opinion by
Smith, J.,
The defendant’s contention that the indictment was irregularly found is rebutted by the third reason given in the motion to quash, viz: “ The indictment was preferred in pursuance of an order of court, made upon petition of the district attorney and private counsel of the prosecutor, and without notice to the defendant.” It is well settled that an indictment may be laid before the grand jury in this manner, the procedure being under the supervision of the court: Com. v. Green, 126 Pa. 531; Com. v. Swallow, 8 Pa. Superior Ct. 539; Rosenberger v. Com., 118 Pa. 77. Notice to…
2Cases cited5 opinions
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1889
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
- Rosenberger v. CommonwealthSupreme Court of Pennsylvania · 1888
- Ex parte BlumerSupreme Court of Pennsylvania · 1878
- Wentzel's AppealSupreme Court of Pennsylvania · 1894
3Cited by6 opinions
- Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
- Commonwealth v. RamseySuperior Court of Pennsylvania · 1910
- Commonwealth v. LeviSuperior Court of Pennsylvania · 1910
- Commonwealth v. CowardSuperior Court of Pennsylvania · 1984
- Commonwealth v. KingSuperior Court of Pennsylvania · 1908
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