Krause v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Lehigh county: Of January Term 1880, No. 233. , Indictment of Frederick P. Krause for larceny as bailee. The facts will be found stated in the opinion of this court.
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Error to the Court of Quarter Sessions of Lehigh county: Of January Term 1880, No. 233. , Indictment of Frederick P. Krause for larceny as bailee. The facts will be found stated in the opinion of this court. The first point of defendant, with the answer of the court, Albright, P. J., were as follows: 1. There can be no conviction in this case because the defendant is no bailee of the property in controversy within the meaning of section 108 of the Criminal Code of March 31st 1860, and upon which the count in the bill of indictment upon which he is being tried is found. Ans. “ Refused. Whether…
1Opinion of the CourtJustice Trunkey
The indictment contained two counts : 1. Larceny ; 2. Larceny by bailee; the alleged stolen property was the same in both. To the first count Krause pleaded a former acquittal, on which plea verdict and judgment were rendered in his favor. lie was then tried and convicted on the second.
In the charge of the court, the Commonwealth’s case, as proved, was fairly stated thus: On December 13th 1878, the prosecutor sold and the defendant agreed to purchase the two horses; that the price agreed upon was $150, to be paid on delivery, the prosecutor to take the horses to the defendant’s stable, at…
2Cited by18 opinions
- Commonwealth v. BennettSuperior Court of Pennsylvania · 1973
- In The Interest of J.B. Appeal of: J.B.Supreme Court of Pennsylvania · 2018
- Commonwealth v. ZuernSuperior Court of Pennsylvania · 1901
- Commonwealth v. JodlowskySuperior Court of Pennsylvania · 1948
- Commonwealth v. RexSuperior Court of Pennsylvania · 1941
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