Commonwealth v. Fogel
Superior Court of Pennsylvania
Appeal, No. 157, Oct. T., 1920, by defendant, from judgment and sentence of Municipal Court of Philadelphia, Criminal Division, July Sessions, 1920, No. 20, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Benjamin Fogel. Indictment for larceny and receiving stolen goods. Before McNichol, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty of receiving stolen goods on which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 157, Oct. T., 1920, by defendant, from judgment and sentence of Municipal Court of Philadelphia, Criminal Division, July Sessions, 1920, No. 20, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Benjamin Fogel. Indictment for larceny and receiving stolen goods. Before McNichol, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty of receiving stolen goods on which judgment of sentence was passed. Defendant appealed. Errors assigned were various rulings on evidence and the charge of the court. cited: Foraker v. Sandy Lake Borough, 130…
1Opinion of the Court
Opinion by
Keller, J.,
The indictment charged the defendant with (1) the larceny of an automobile and (2) receiving it knowing it to have been stolen. He was acquitted on the first count and convicted on the second.
It appeared from the testimony that a Packard automobile belonging to a Mrs. Dupont had been stolen on March 25,1919; that on May 28,1919, the car was found in defendant’s garage, repainted and with the numbers changed; that Mrs. Dupont recognized the car as her own by certain marks on the inside of the car and her shopping list in one of the pockets, and her chauffeur who had driven…
2Cases cited4 opinions
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1891
- Commonwealth v. ConroySupreme Court of Pennsylvania · 1903
- Commonwealth v. DevineSuperior Court of Pennsylvania · 1901
- Commonwealth v. GoodelmanSuperior Court of Pennsylvania · 1920