Legal Opinion

Commonwealth v. Depuy

Supreme Court of Pennsylvania

Decided March 28, 1892No. Appeal, No. 183PublishedCited by 3 opinions

Appeal, No. 183, July T., 1893, by defendant, Harry A. Depuy, from judgment of Q. S. Lackawanna Co., April Sess., 1891, No. 181, on verdict of guilty. Indictment for the larceny of a dog. The defendant was tried, convicted, and sentenced to pay a fine of $25 and costs and to undergo an imprisonment for three months. He thereupon appealed. Error assigned appears by the opinion of the Supreme Court.

1Opinion of the Court

Per Curiam,

The defendant was convicted in the court below of the larceny of “ one spaniel dog of great value, viz., of the value of thirty dollars.” He assigns for error here, that “ the record on its face shows no jurisdiction in the court, there being no such offence as the larceny of an unregistered dog, under any valid law of this state.”

We need not discuss the rule of the common law upon this subject, nor its wisdom. This case turns upon the act of May 15, 1889, P. L. 222, entitled “ An act for the taxation of dogs and the protection of sheep,” the 6th section of which provides: “ That…

2Cited by3 opinions

  1. Coxe v. KriebelSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. RinkSupreme Court of Pennsylvania · 1920
  3. Commonwealth v. LevineSuperior Court of Pennsylvania · 1923

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