Commonwealth v. Beard
Superior Court of Pennsylvania
Appeal, No. 80, Oct. T., 1911, by-Elmer H. Beard, from judgment of Q. S. Berks Co., June Term, 1910, No. 32, on verdict of guilty in case of Commonwealth v. Elmer H. Beard, Albert H. Hawman, Penrose W. Hawman and Charles F. Smith. Indictment for conspiracy. Before Endlich, P. J. At the trial a juror became ill, and was excused. By-agreement between the commonwealth and defendants the trial was continued with eleven jurors only.
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Appeal, No. 80, Oct. T., 1911, by-Elmer H. Beard, from judgment of Q. S. Berks Co., June Term, 1910, No. 32, on verdict of guilty in case of Commonwealth v. Elmer H. Beard, Albert H. Hawman, Penrose W. Hawman and Charles F. Smith. Indictment for conspiracy. Before Endlich, P. J. At the trial a juror became ill, and was excused. By-agreement between the commonwealth and defendants the trial was continued with eleven jurors only. Defendant presented the following points, all of which were refused: 1. That the evidence is not sufficient to warrant his conviction. [5] 2. That there can be no…
1Opinion of the Court
Opinion by
Rice, P. J.,
This appellant, who was the city engineer, Charles F. Smith, his assistant, and Albert H. Hawman and Penrose Hawman, a firm of contractors, were jointly indicted for an executed conspiracy to defraud the city of Reading. Of these, all but Smith were jointly tried, and at the conclusion of the evidence they requested the court to charge that there could be no conviction in the case unless the jury should find from the evidence that there was an actual and intentional scheme to defraud the city, in which the engineers, or one of them, and the contractors, or one of them,…
2Cited by19 opinions
- Patton v. United StatesSupreme Court of the United States · 1930
- Commonwealth v. HallSupreme Court of Pennsylvania · 1927
- Kardibin v. Associated HardwareSuperior Court of Pennsylvania · 1981
- Commonwealth Ex Rel. Ross v. EganSupreme Court of Pennsylvania · 1924
- Commonwealth ex rel. Fagan v. FranciesSuperior Court of Pennsylvania · 1913
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