Commonwealth v. McCarthy
Superior Court of Pennsylvania
Appeal, No. 43, March T., 1917, by Erie Railroad Company, from order of Q. S. Susquehanna Co., Jan. T., 1914, No. 11, discharging rule to set aside verdict as to costs in case of Commonwealth v. Frank P. McCarthy. Rule to set aside verdict as to costs. From the record it appeared that on January 13,1914, Frank McCarthy was indicted. The indictment contained two counts; the first count charged conspiracy; the second count charged forgery.
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Appeal, No. 43, March T., 1917, by Erie Railroad Company, from order of Q. S. Susquehanna Co., Jan. T., 1914, No. 11, discharging rule to set aside verdict as to costs in case of Commonwealth v. Frank P. McCarthy. Rule to set aside verdict as to costs. From the record it appeared that on January 13,1914, Frank McCarthy was indicted. The indictment contained two counts; the first count charged conspiracy; the second count charged forgery. The prosecutor, C. R. Smith, is an employee of the Erie Railroad Company and the money obtained by the defendant as charged in the indictment was the…
1Opinion of the Court
Opinion by
Williams, J.,
Frank P. McCarthy was indicted for conspiring to defraud and for forgery resulting in the' Erie Bailroad Co. losing some $300. The charge was made by its track supervisor and the Commonwealth was assisted in the prosecution by its counsel. April 14, 1914, McCarthy was acquitted and the costs imposed upon the appellhnt. In the spring of 1915 an attempt was made to collect these costs and appellant petitioned the court below to set aside the verdict. The court refused for the following reason. “But it is contended, that the company should be relieved for the reason that…
2Cases cited4 opinions
- Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Commonwealth v. DoyleSuperior Court of Pennsylvania · 1901
- Commonwealth v. GainesSuperior Court of Pennsylvania · 1910
3Cited by2 opinions
- Commonwealth v. MikulaMontgomery County Court of Quarter Sessions · 1922
- Commonwealth v. TaorminaMontgomery County Court of Quarter Sessions · 1935