Commonwealth v. Clark
Superior Court of Pennsylvania
Appeal, No. 54, Nov. T., 1896, by defendants, from judgment and sentence of Q. S. Berks Co., December Term, 1895, No. 199, on verdict of guilty. Before Rice, P. J., Willard, Wickham, Beaver, Reeder, Orlady and Smith, JJ.
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Appeal, No. 54, Nov. T., 1896, by defendants, from judgment and sentence of Q. S. Berks Co., December Term, 1895, No. 199, on verdict of guilty. Before Rice, P. J., Willard, Wickham, Beaver, Reeder, Orlady and Smith, JJ. Indictment for wrongfully cutting ornamental trees contrary to the act of June 8, 1881. The defendants were the servants and employees of the American Telephone & Telegraph Company, and were at work on the 23d day of November, 1895, along a public road repairing the lines in pursuit of their employment, in stringing additional wires and strengthening their line and repairing…
1Opinion of the Court
Opinion by
Wickham, J.,
The appellants, who were the defendants in the ,court below, were convicted of willfully entering upon the land of Dr. John Marshall; and then and there wrongfully cutting down a number of ornamental trees, contrary to the act of June 8, 1881, P. L. 82 (amended by the act of June 18, 1895, P. L. 196). They claimed to be employees of the American Telephone and Telegraph Company, and acting under its instructions.
The proceedings were instituted before a justice of the peace, as provided by the act of 1881, and carried by the defendants, on appeal, into the court of quarter…
2Cases cited4 opinions
- Allegheny County Home's CaseSupreme Court of Pennsylvania · 1874
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1843
- Hoffman v. CommonwealthSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Commonwealth v. MinoffSupreme Court of Pennsylvania · 1949
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
- Marshall v. American Telegraph & Telephone Co.Superior Court of Pennsylvania · 1901
- Commonwealth v. LightSuperior Court of Pennsylvania · 1908
- Commonwealth v. ClarkMontgomery County Court of Quarter Sessions · 1926
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