Legal Opinion

Shoener v. Pennsylvania

Supreme Court of the United States

Decided December 2, 1907No. 161PublishedCited by 9 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP PENNSYLVANIA. In a civil action brought by the County of Schuylkill, Pennsylvania, in 1901, against Shoener, the present plaintiff, for the amount of certain fees alleged to have been collected by him, as the clerk of a Quarter Sessions Court, but withheld by him from the county treasury, a judgment was rendered in favor of the county for $18,245. That judgment was affirmed upon appeal by the Supreme Court of Pennsylvania on May…

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ERROR TO THE SUPREME COURT OP THE STATE OP PENNSYLVANIA. In a civil action brought by the County of Schuylkill, Pennsylvania, in 1901, against Shoener, the present plaintiff, for the amount of certain fees alleged to have been collected by him, as the clerk of a Quarter Sessions Court, but withheld by him from the county treasury, a judgment was rendered in favor of the county for $18,245. That judgment was affirmed upon appeal by the Supreme Court of Pennsylvania on May 4th, 1903. Schuylkill County- v. Shoener, 205 Pa. St. 592. Shoener was then proceeded against by indictment under section…

1Opinion of the CourtJustice Harlan

The contention that, by the judgment of the Supreme;Court of Pennsylvania, the plaintiff in error has been deprived of a *195right secured to. him by the Constitution of the United States must be overruled. He has not been twice placed in jeopardy for the.same offense. Upon the hearing of the case arising out of the first indictment the Supreme Court of Pennsylvania, construing the statute under which the defendant was prosecuted, and looking at the undisputed facts, appearing of record, adjudged that he had'not then committed any criminal offense; •■that he had not failed to pay over- moneys…

2Cited by9 opinions

  1. People v. KeyNew York Court of Appeals · 1978
  2. Brown v. StateSupreme Court of Florida · 1943
  3. People v. ReddingCriminal Court of the City of New York · 1981
  4. People ex rel. Zakrzewski v. MancusiNew York Court of Appeals · 1968
  5. People v. GunsellMichigan Supreme Court · 1951

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