Stewart v. Commonwealth
Supreme Court of Pennsylvania
In Error. ON a writ of error to the Court of Oyer and Terminer ... ot the county of Tork, it appeared, that an indictment was f°und by the grand jury, that George Stewart, &c. the house of one Abraham Miller, &c.
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In Error. ON a writ of error to the Court of Oyer and Terminer ... ot the county of Tork, it appeared, that an indictment was f°und by the grand jury, that George Stewart, &c. the house of one Abraham Miller, &c. “feloniously burglariously did break and enter, and sundry promissory notes for the payment of money of the value of eighty dollars, of the goods and chattels of the said Abraham Miller, in the said dwelling house, then and there being found, then and there feloniously and burglariously take, did steal, and carry away,” &c. ' And further, that the said George Stewart, &c. “ with…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The judgment should be reversed, because it does not appear by the indictment, thát any felony was committed, or intended to be committed, the charge of felony being too vague and uncertain, viz. that “ the defendant feloniously stole, ,took, and carried away sundry promissory notes for the payment of money, of the value of eighty dollars, of the goods and chattels of the said Abraham Miller.” The notes should have been more particularly described, and it should have been set forth, that the money was unpaid on them.
Judgment reversed.
2Cited by2 opinions
- Commonwealth v. GillespieSupreme Court of Pennsylvania · 1822
- People v. JacksonNew York Supreme Court · 1850