Commonwealth v. Goldberg
Superior Court of Pennsylvania
Appeal, No. 124, April T., 1897, by William Goldberg, defendant, from judgment and sentence of Q. S. Mercer Co., June Sess., 1896, No. 6 on verdict of guilty. Indictment for larceny for receiving stolen goods. Before Miller, P. J. The defendants, William McCullough and John Hughey withdrew the plea of not guilty and pleaded guilty as indicted. William Goldberg pleaded not guilty. At the trial McCullough turned state’s evidence.
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Appeal, No. 124, April T., 1897, by William Goldberg, defendant, from judgment and sentence of Q. S. Mercer Co., June Sess., 1896, No. 6 on verdict of guilty. Indictment for larceny for receiving stolen goods. Before Miller, P. J. The defendants, William McCullough and John Hughey withdrew the plea of not guilty and pleaded guilty as indicted. William Goldberg pleaded not guilty. At the trial McCullough turned state’s evidence. There was evidence of a corroborating character tending to show the guilt of Goldberg. Goldberg denied, however, any knowledge or commission of the crime and…
1Opinion of the Court
Opinion by
Rice, P. J.,
In Hutchinson v. Commonwealth, 82 Pa. 472-478, Mr. Justice Panson, speaking of the effect of a demurrer to the evidence, said incidentally: “ It is true a jury are not only judges of the facts in a criminal case, but they are also judges of the *148law under the advice and instruction of the court.” In Kane v. Commonwealth, 89 Pa. 522, the judge was requested to charge: “ The jury are the judges of the law and the fact; ” to which he answered: “We decline to affirm this point, and as to it refer to the general charge.” In his general charge the judge said, inter alia: “You…
2Cases cited13 opinions
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Kilrow v. CommonwealthSupreme Court of Pennsylvania · 1879
- Fulmer v. CommonwealthSupreme Court of Pennsylvania · 1881
- Kane v. CommonwealthSupreme Court of Pennsylvania · 1879
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3Cited by9 opinions
- Schofield Discipline CaseSupreme Court of Pennsylvania · 1949
- Commonwealth v. HolgateSuperior Court of Pennsylvania · 1916
- Com. of Pa. v. FaheySuperior Court of Pennsylvania · 1934
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
- Commonwealth v. SternSuperior Court of Pennsylvania · 1915
4 more not listed; retrieve them via the Exa API.