Commonwealth v. Benedick
Superior Court of Pennsylvania
Appeal, No. 1, March T., 1910, by defendant, from judgment of Q. S. Luzerne Co., Sept. T., 1908, No. 243, on verdict of guilty in case of Commonwealth v. Harry Benedick. Indictment for larceny. Before Evans, P. J., specially presiding. Verdict of guilty, upon which judgment of sentence was passed.
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Appeal, No. 1, March T., 1910, by defendant, from judgment of Q. S. Luzerne Co., Sept. T., 1908, No. 243, on verdict of guilty in case of Commonwealth v. Harry Benedick. Indictment for larceny. Before Evans, P. J., specially presiding. Verdict of guilty, upon which judgment of sentence was passed. At the trial the commonwealth made the following offer: Commonwealth propose to show that the defendant, accompanied by Mr. Doyle, right near the corner of Broad street, the stopping place for the street cars, boarded a number of cars coming into town and got among the passengers on the cars, not…
1Opinion of the Court
Opinion by
Oblady, J.,
The defendant was indicted of larceny from the person and was convicted. There is no merit in the first and second assignments of error. It has been repeatedly held, that it is not error for a judge in his charge to the jury to express his opinion *481upon the facts, if it is done fairly, and in some cases it may be his duty to do so, provided he does not give binding directions or interfere with the province of the jury: Com. v. Orr, 138 Pa. 276; Burke v. Maxwell’s Administrators, 81 Pa. 139; Spitzel v. Hunt, post, p. 631.
In this case the trial judge submitted the case to…
2Cases cited5 opinions
- Goersen v. CommonwealthSupreme Court of Pennsylvania · 1882
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Commonwealth v. OrrSupreme Court of Pennsylvania · 1890
- Burke v. Maxwell's AdministratorsSupreme Court of Pennsylvania · 1876
- Commonwealth v. HutchinsonSuperior Court of Pennsylvania · 1898
3Cited by2 opinions
- Commonwealth v. TaylorSuperior Court of Pennsylvania · 1916
- Commonwealth v. PuglieseSuperior Court of Pennsylvania · 1910