Commonwealth v. Smith (No. 1)

Opinion by

Cunningham, J.,

On September 15, 1932, an indictment was returned against appellant charging a violation of Section 1 of the Act of June 12,1878, P. L. 196,18 PS §2511, which, insofar as applicable to this case, provides: “If any person being an......agent......of any...... quasi municipal corporation shall fraudulently take, convert or apply to his own use......any of the money ......of such......quasi municipal corporation...... he shall be guilty of a misdemeanor.”

In the charging part of the indictment it was averred that on March 30, 1932, appellant “being then and there an agent…